Stewart and Sons Steel Pty Ltd

Case

[2013] FWCA 2132

12 APRIL 2013

No judgment structure available for this case.

[2013] FWCA 2132

FAIR WORK COMMISSION

DECISION

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

Stewart and Sons Steel Pty Ltd
(AG2013/5512)

STEWART AND SONS STEEL P/L. COLLECTIVE AGREEMENT 2013/2014

Manufacturing and associated industries

COMMISSIONER SIMPSON

BRISBANE, 12 APRIL 2013

Application for approval of the Stewart and Sons Steel P/L. Collective Agreement 2013/2014.

[1] An application has been made for approval of an enterprise agreement known as the Stewart and Sons Steel P/L. Collective Agreement 2013/2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stewart and Sons Steel Pty Ltd. The agreement is a single-enterprise 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] On 21 March 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] As the flexibility clause in the Agreement does not meet the requirements of s.202 of the Act, the model flexibility term is taken to be a term of the Agreement and is attached to the Agreement.

[5] As the consultation clause in the Agreement does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 31 January 2015.

COMMISSIONER

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