Shire of Christmas Island

Case

[2015] FWCA 4696

13 JULY 2015

No judgment structure available for this case.

[2015] FWCA 4696
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Shire of Christmas Island
(AG2015/3711)

SHIRE OF CHRISTMAS ISLAND - UNION OF CHRISTMAS ISLAND WORKERS ENTERPRISE AGREEMENT 2014

Local government administration

COMMISSIONER LEE

MELBOURNE, 13 JULY 2015

Application for approval of the Shire of Christmas Island - Union of Christmas Island Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Christmas Island - Union of Christmas Island Workers 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 Shire of Christmas Island. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 Union of Christmas Island Workers 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 was approved on 13 July 2015 and, in accordance with s.54, will operate from 20 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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ANNEXURE A

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