Tek Ventures Pty Ltd

[2013] FWCA 1288

[2013] FWCA 1288

FAIR WORK COMMISSION

DECISION

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

Tek Ventures Pty Ltd
(AG2012/12970)

TEK DIVING SERVICES ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER CAMBRIDGE	SYDNEY, 28 FEBRUARY 2013

Application for approval of the Tek Diving Services Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Tek Diving Services Enterprise Agreement 2013(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Tek Ventures Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Darwin on 14 December 2012 by the Employer’s representatives, the Australian Mines and Metals Association (AMMA). The application included a Statutory Declaration of Richard Anthony Weisse made on behalf of the Employer and dated 13 December 2012, (the Declaration). The Declaration stated that the Agreement was made on 12 December 2012. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Hearing on 9 January 2013 at which time Mr S White from the AMMA and Mr R Weisse together with Ms S Sultana appeared for the Employer. During the proceeding held on 9 January, the Fair Work Commission (the Commission) identified various issues relating to the contents of certain terms contained in the Agreement which required clarification.

[4] Mr White and Ms Sultana provided some important clarifications during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 29 January 2013, from the AMMA, which included further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[5] Consequently I have further considered the application for approval having regard for, the clarifications provided during the Hearing, the further material in support of the application, and the Undertakings.

[6] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the Hearing and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[7] I note that the Agreement contains a flexibility term at clause 4 and a consultation term at clause 11.

[8] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[9] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 7 March 2013. In accordance with clause 3.1 of the Agreement, as amended by the Undertakings, the nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

Undertakings:

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