Surveillance Australia Pty Ltd T/A Cobham Aviations Services Australia - Special Mission

[2013] FWCA 6358

[2013] FWCA 6358

FAIR WORK COMMISSION

DECISION

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

Surveillance Australia Pty Ltd T/A Cobham Aviations Services Australia - Special Mission
(AG2013/2202)

COBHAM SPECIAL MISSION OPERATIONS CONTROL ENTERPRISE AGREEMENT 2013

Clerical industry
COMMISSIONER BULL	SYDNEY, 30 AUGUST 2013

Application for approval of the Cobham Special Mission Operations Control Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cobham Special Mission Operations Control Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Extension of time

[2] The application was lodged at Sydney on 2 August 2013. Section 185(3)(a) of the Actprovides that an application for approval must be made within 14 days after the Agreement is made. I note that the application was lodged out of time. Section 185(3)(b) of the Actconfers a discretion on FWC to extend time. In light of the reasons provided by the Applicant, I have decided to exercise the discretion provided by subsection 185(3)(b) of the Act and extend time accordingly.

[3] The Agreement covers employees employed by the employer in the Operations Controller classifications relating directly to Cobham Special Mission operations and who generally work from Cobham Special Mission Head Office facilities at Adelaide Airport. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 6 September 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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