T&D Hutton Investments Pty Ltd T/A Workin' Clobber

[2014] FWCA 3267

[2014] FWCA 3267

FAIR WORK COMMISSION

DECISION

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

T&D Hutton Investments Pty Ltd T/A Workin' Clobber
(AG2014/5956)

T & D HUTTON INVESTMENTS PTY LTD ENTERPRISE AGREEMENT 2014

Retail industry
COMMISSIONER BULL	SYDNEY, 16 MAY 2014

Application for approval of the T & D Hutton Investments Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the T & D Hutton Investments Pty Ltd Enterprise Agreement 2014 (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.

Flexibility term

[2] In its Form F17 - Employer’s statutory declaration in support of an application for approval of an enterprise agreement (Form F17), the employer declared that the flexibility term could be found at clause 6 of the Agreement. Clause 6 of the Agreement relates to rest breaks and meal breaks.

[3] The Commission advised the Applicant that as the Agreement does not contain a flexibility term that meets the requirements as set out at s.203 of the Act, the model flexibility term found at Schedule 2.2 of the Fair Work Regulations 2009 will be taken to be a term of the Agreement.

[4] A copy of the model flexibility term is attached at Annexure A.

Consultation term

[5] In its Form F17, the employer declared that the flexibility term could be found at clause 7 of the Agreement. Clause 7 of the Agreement relates to the dispute resolution procedure.

[6] The Commission advised the Applicant that as the Agreement does not contain a consultation term that meet requirements as set out at s.205(1) of the Act, the Model Consultation Term, as found at Schedule 2.3 of the Regulations is taken to be a term of the Agreement.

[7] A copy of the model term is attached at Annexure B.

[8] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 23 May 2014. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

Annexure A

Annexure B

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