The Australian Workers’ Union

[2013] FWCA 4069

[2013] FWCA 4069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/1399)

ALLIANCE SCAFFOLDING PTY LTD (ALTONA AREA) ENTERPRISE AGREEMENT 2013-2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 24 JUNE 2013

Application for approval of the Alliance Scaffolding Pty Ltd (Altona Area) Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Alliance Scaffolding Pty Ltd (Altona Area) Enterprise Agreement 2013-2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Australian Workers’ Union. The Agreement is a greenfields agreement.

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

[3] An undertaking has been provided and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] I am satisfied that the Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement was approved on 24 June 2013 and, in accordance with s.54, will operate from 1 July 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

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APPENDIX A