Sims Group Australia Holdings Ltd

[2014] FWCA 5397

[2014] FWCA 5397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Ltd
(AG2014/1362)

SIMSMETAL (TASMANIA) COLLECTIVE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 11 AUGUST 2014

Application for approval of the Simsmetal (Tasmania) Collective Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Simsmetal (Tasmania) Collective Agreement 2014 (the Agreement). The application was made by Sims Group Australia Holdings pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The consultation provision at clause 7 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[4] Subject to the above, 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.

[5] The Australian Workers’ Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 18 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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