TB-Kawashima Australia Pty Ltd

[2013] FWCA 3398

[2013] FWCA 3398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TB-Kawashima Australia Pty Ltd
(AG2013/5911)

TB KAWASHIMA AUSTRALIA ENTERPRISE AGREEMENT 2012

Textile industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 29 MAY 2013

Application for approval of the TB Kawashima Australia Enterprise Agreement 2012.

[1] An application has been made for the approval of an enterprise agreement known as the TB Kawashima Australia Enterprise Agreement 2012 (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 not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application until the actual date of lodgement.

[3] Undertakings have been provided by TB-Kawashima Australia Pty Ltd in relation to the rate of pay for employees at Skill Level 2, the procedure for the resolution of disputes, and the payment of allowances. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

[4] It is noted that the Agreement does not contain a consultation term that complies with s.205 of the Act. In accordance with s.205(2), the Agreement shall be taken to include the model consultation term set out in Schedule 2.3 of the Fair Work Regulations 2009.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2013. The nominal expiry date of the Agreement is 29 May 2016.

SENIOR DEPUTY PRESIDENT

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