Tyco Australia t/as ADT Security

Case

[2014] FWCA 1324

21 FEBRUARY 2014

No judgment structure available for this case.

[2014] FWCA 1324

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tyco Australia t/as ADT Security
(AG2014/237)

ADT SECURITY TECHNICIAN ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 21 FEBRUARY 2014

Application for approval of the ADT SECURITY TECHNICIAN ENTERPRISE AGREEMENT 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the ADT SECURITY TECHNICIAN ENTERPRISE AGREEMENT 2013-2016 (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] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 28 February 2014. The nominal expiry date of the Agreement is 28 February 2017.

DEPUTY PRESIDENT

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