Spicer Axle Structural Components (Aust) Pty Ltd

Case

[2009] FWA 103

20 AUGUST 2009

No judgment structure available for this case.

[2009] FWA 103


FAIR WORK AUSTRALIA

DECISION

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

Spicer Axle Structural Components (Aust) Pty Ltd
(AG2009/11576)

Spicer Axle Components Aust. Pty Limited Enterprise Agreement 2009

Metal industry

SENIOR DEPUTY PRESIDENT ACTON

MELBOURNE, 20 AUGUST 2009

Spicer Axle Components Aust. Pty Limited Enterprise Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as the Spicer Axle Components Aust. Pty Limited Enterprise Agreement 2009 (the Agreement).

[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement was made during the bridging period as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) and is thus subject to the approval requirements of Subdivision B, Division 4, Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act during the bridging period.

[3] 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.

[4] The agreement does not contain a model flexibility clause. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2009. The nominal expiry date of the Agreement is 31 March 2011.

[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the National Union of Workers and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

SENIOR DEPUTY PRESIDENT




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