RCR O’Donnell Griffin Pty Ltd t/a RCR O’Donnell Griffin

[2016] FWCA 1711

[2016] FWCA 1711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR O’Donnell Griffin Pty Ltd t/a RCR O’Donnell Griffin
(AG2016/375)

RCR O’DONNELL GRIFFIN PTY LTD INFRASTRUCTURE NSW ENTERPRISE AGREEMENT 2016-2018

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 21 MARCH 2016

Application for approval of the RCR O’Donnell Griffin Pty Ltd Infrastructure NSW Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the RCR O’Donnell Griffin Pty Ltd Infrastructure NSW Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCR O’Donnell Griffin Pty Ltd t/a RCR O’Donnell Griffin. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. 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.

[4] 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] 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 28 March 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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