Resource Work Cooperative Society Ltd

[2015] FWCA 4511

[2015] FWCA 4511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Resource Work Cooperative Society Ltd
(AG2015/2671)

RESOURCE WORK COOPERATIVE SOCIETY LIMITED, ENTERPRISE AGREEMENT 2013

DEPUTY PRESIDENT WELLS HOBART, 3 JULY 2015

Application for variation of the Resource Work Cooperative Society Limited, Enterprise Agreement 2013.

[1] An application was made for approval of a variation to an enterprise agreement known as the Resource Work Cooperative Society Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by the Resource Work Cooperative Society Limited (the employer). The Agreement is a single enterprise agreement.

[2] In accordance with s.210(3)(a) of the Act, an application for approval of a variation must be made within 14 days after the variation is made. The variation was made on 24 April 2015. The applicant for approval of the variation was made on 11 May 2015. Therefore the application was made three (3) days out of time.

[3] In a written statement of Mr Mathew Allen attached to the initiating application, and at the hearing of this matter in Hobart on 3 July 2015, the applicant gave sufficient reason as to why the Tribunal should extend the time for lodgement of the agreement for approval pursuant to s.210(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application should be granted.

[4] The variation can be found at Attachment 1 to this decision.

[5] Having regard for the submissions of the applicant and the declarations which accompanied the application, I am satisfied that each of the requirements of s.210 and s.211 as are relevant to this application for approval of a variation have been met.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operative on and from 3 July 2015.

DEPUTY PRESIDENT

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