The Australian Workers' Union

[2013] FWCA 444

[2013] FWCA 444

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2013/4286)

THE ROYAL AGRICULTURAL SOCIETY OF NSW AND THE AUSTRALIAN WORKERS' UNION WORKPLACE AGREEMENT 2012

Amusement, events and recreation industry
COMMISSIONER CAMBRIDGE	SYDNEY, 18 JANUARY 2013

Application for approval of the Royal Agricultural Society (RAS) and the Australian Workers’ Union (AWU) Workplace Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as The Royal Agricultural Society of NSW and the Australian Workers’ Union Workplace Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union(the AWU) and it nominated the relevant employer as the Royal Agricultural Society of NSW (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 9 January 2013. The application included a Statutory Declaration of Rebecca Barry dated 8 January 2013 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 19 December 2012. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made 7 days after the 14 day period, and an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 18 January 2013. I note that the file has included a Statutory Declaration of Graeme Robert Beard made on behalf of the AWU, as an employee organisation in relation to the application.

[5] I further note that the Agreement contains a flexibility term at clause 6 and a consultation term at clause 7.

[6] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[7] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 25 January 2013. The nominal expiry date of the Agreement as specified in clause 4.1 of the Agreement, is 30 June 2015.

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