The Doonside Boys Pty Ltd

[2013] FWCA 1233

[2013] FWCA 1233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Doonside Boys Pty Ltd
(AG2013/4274)

RAINBOW IGA ENTERPRISE AGREEMENT 2012 TO 2015

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 22 FEBRUARY 2013

Application for approval of the Rainbow IGA Enterprise Agreement 2012 to 2015.

[1] An application has been made for the approval of an enterprise agreement known as the Rainbow IGA Enterprise Agreement 2012 to 2015 (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] An undertaking has been provided by The Doonside Boys Pty Ltd in relation to the payment of annual leave upon termination and rates of pay for cleaners covered by the Agreement. The undertaking has been attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] 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.

[4] 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.

[5] The Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2013. The nominal expiry date of the Agreement is 3 July 2015.

SENIOR DEPUTY PRESIDENT

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