Quad Services Pty Ltd

[2014] FWCA 8714

[2014] FWCA 8714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quad Services Pty Ltd
(AG2014/7850)

QUAD (ONESTEEL WHYALLA STEELWORKS, ONESTEEL IRON DUKE MINE) EBA 2014

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 9 DECEMBER 2014

Application for approval of the Quad (Onesteel Whyalla Steelworks, Onesteel Iron Duke Mine) EBA 2014.

[1] An application has been made for approval of an enterprise agreement known as the Quad (Onesteel Whyalla Steelworks, Onesteel Iron Duke Mine) EBA 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Quad Services Pty Ltd. It is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the Agreement was made. The matter was raised with the Applicant’s representative who indicated the delay was unfortunately due to a misunderstanding about the requisite time frames. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Agreement does not contain a flexibility provision in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement as provided for in sub clause 6.2 of the Agreement.

[4] In addition, the Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I am otherwise satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union (SA Branch) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2014. The nominal expiry date of the Agreement is 22 July 2017.

COMMISSIONER

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