SBS Newcastle Pty Ltd

[2015] FWCA 1347

[2015] FWCA 1347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SBS Newcastle Pty Ltd
(AG2015/1742)

SBS NEWCASTLE PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 FEBRUARY 2015

Application for approval of the SBS Newcastle Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SBS Newcastle Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SBS Newcastle Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] An undertaking has been provided in the following terms:

“1. Shift workers, as defined in clause 15.5 of the agreement, shall be entitled to leave entitlements in accordance with section 87(1)(b) for the Fair Work Act 2009.”

[4] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

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

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 5 March 2018.

SENIOR DEPUTY PRESIDENT

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