Unipod Pty Ltd

[2014] FWCA 4839

[2014] FWCA 4839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unipod Pty Ltd
(AG2014/6647)

UNIPOD ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER RYAN	MELBOURNE, 18 JULY 2014

Application for approval of the Unipod Enterprise Agreement 2014.

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

[2] The consultation term of the Agreement does not meet the requirements of s.205(1) and (1A) of the Act as amended as from 1 January 2014 as the list of circumstances set out in sub-clause 9.8 of the Agreement in which major change is likely to have a significant effect on employees is more narrow than the model term.

[3] Therefore, in accordance with the requirement of s.205(2) of the Act, the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the Agreement. The model consultation clause is attached at Appendix A.

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

[5] The National Union of Workers, 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 and, in accordance with s.54(1), will operate from 25 July 2014. The nominal expiry date of the Agreement is 24 July 2017.

COMMISSIONER

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APPENDIX A