SA Structural Pty Ltd
[2009] FWA 105
•20 AUGUST 2009
[2009] FWA 105 |
|
APPROVAL DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/11187)
SA STRUCTURAL PTY LTD ENTERPRISE AGREEMENT 2009
Metal industry | |
SENIOR DEPUTY PRESIDENT O’CALLAGHAN | ADELAIDE, 20 AUGUST 2009 |
Application for approval of the SA Structural Pty Ltd Enterprise Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the SA Structural Pty Ltd Enterprise Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SA Structural Pty Ltd. The agreement is a single enterprise agreement.
[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] 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.
[4] The Agreement contains a flexibility provision which incorporates the model flexibility term prescribed by the Act as a term of the Agreement.
[5] Whilst the Agreement contains a consultation clause, to the extent that this clause does not meet the requirements specified in section 205, the model clause is taken to be a term of the Agreement.
[6] No request has been made pursuant to section 183.
[7] The Agreement is approved and, in accordance with s.54, will operate from 27 August 2009. The nominal expiry date of the Agreement is 26 August 2012.
SENIOR DEPUTY PRESIDENT O’CALLAGHAN
1 Item 2, Part 1, of Schedule 2
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