Take a Break Away Pty Ltd

Case

[2009] FWA 265

10 SEPTEMBER 2009

No judgment structure available for this case.

[2009] FWA 265


FAIR WORK AUSTRALIA

DECISION

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

Take a Break Away Pty Ltd
(AG2009/11905)

TAKE A BREAK AWAY ENTERPRISE AGREEMENT 2009

Clerical Industry

COMMISSIONER DEEGAN

CANBERRA, 10 SEPTEMBER 2009

Take a Break Away Enterprise Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as the Take a Break Away Enterprise Agreement 2009 (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.

[2] The Agreement was made during the bridging period as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act). Accordingly, when considering whether to approve the Agreement, I have taken into account the provisions of Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] Subject to the undertakings given, which are taken to be a term of the agreement under s.201(3) of the Act, 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.

[4] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[5] A number of conditional terminations of individual agreement-based transitional instruments (individual agreements) were lodged with the application for approval of the Agreement. In accordance with Schedule 3, clause 18 of the Transitional Act those individual agreements will terminate upon commencement of the Agreement.

[6] The Agreement is approved and in accordance with s.54 of the Act, will operate from 16 September 2009. The nominal expiry date of the Agreement is 19 August 2012.

COMMISSIONER




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