Stegbar Pty. Limited

[2013] FWCA 2551

[2013] FWCA 2551

FAIR WORK COMMISSION

DECISION

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

Stegbar Pty. Limited
(AG2013/938)

STEGBAR SHOWERSCREENS AND WARDROBES (GAVEN) FACTORY ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 APRIL 2013

Application for approval of the Stegbar Showerscreens and Wardrobes (Gaven) Factory Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 April 2013 by Stegbar Pty. Limited for the approval of a single-enterprise agreement known as the Stegbar Showerscreens and Wardrobes (Gaven) Factory Enterprise Agreement 2013 (“the Agreement”).

[2] 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.

[3] The flexibility clause in the Agreement does not conform with s.203(4) of the Act. Pursuant 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. Similarly, the consultation clause does not conform with s.205(1)(b) of the Act. 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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