Southern Metropolitan Regional Council

[2013] FWCA 4071

[2013] FWCA 4071

FAIR WORK COMMISSION

DECISION

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

Southern Metropolitan Regional Council
(AG2013/6912)

SOUTHERN METROPOLITAN REGIONAL COUNCIL REGIONAL RESOURCE RECOVERY CENTRE ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER CLOGHAN	PERTH, 25 JUNE 2013

Application for approval of the Southern Metropolitan Regional Council Regional Resource Recovery Centre Enterprise Agreement 2013.

[1] On 11 June 2013, Southern Metropolitan Regional Council made application for approval of a single enterprise agreement to be known as the Southern Metropolitan Regional Council Regional Resource Recovery Centre Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 30 May 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking (attached) that Clause 5: Individual Flexibility includes, in subclause 5.5.1, the provisions contained in (3)(e), (4) and (5) of Schedule 2.2 of the Fair Work Regulations 2009. The undertaking also provides that the model consultation term contained in Schedule 2.3 of the Regulations is taken to form part of the agreement.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 2 July 2013.

[7] The nominal expiry date of this Agreement is 1 June 2016.

COMMISSIONER

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