Sun City Security Pty Ltd

[2013] FWCA 162

[2013] FWCA 162

FAIR WORK COMMISSION

DECISION

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

Sun City Security Pty Ltd
(AG2012/13178)

SUN CITY SECURITY UNION COLLECTIVE AGREEMENT OF 2012

Stevedoring industry
COMMISSIONER CLOGHAN	PERTH, 9 JANUARY 2013

Application for approval of the Sun City Security Union Collective Agreement of 2012.

[1] On 21 December 2012, Sun City Security Pty Ltd made application for approval of a single enterprise agreement to be known as the Sun City Security Union Collective Agreement 2012 (“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 21 November 2012.

[3] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 21 December 2012.

[4] 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.

[5] Pursuant to s.190 of the FW Act, the Applicant has given an undertaking that in Clause 6: Notification and Consultation about change, employees are able to appoint a representative of their choice for the purposes of consultation.

[6] 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.

[7] The Maritime Union of Australia (MUA) has declared that the MUA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MUA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[8] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 16 January 2013.

[9] The nominal expiry date of this Agreement is 31 October 2015.

COMMISSIONER

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