Total Momentum Pty Ltd

[2015] FWCA 5325

[2015] FWCA 5325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Momentum Pty Ltd
(AG2015/3285)

TOTAL MOMENTUM PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014

Rail industry
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2015

Application for approval of the Total Momentum Pty Ltd Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Total Momentum Pty Ltd Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Momentum Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 5 August 2015 and, in accordance with s.54 of the Act, will operate from 12 August 2015. The nominal expiry date of the Agreement is 11 August 2018.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

<Price code C, AE415094  PR570154>