Viscount Plastics (Australia) Pty Ltd

Case

[2009] FWA 405

29 SEPTEMBER 2009

No judgment structure available for this case.

[2009] FWA 405


FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Viscount Plastics (Australia) Pty Ltd
(AG2009/12921)

VISCOUNT PLASTICS (AUSTRALIA) PTY LTD BRAESIDE ENTERPRISE BARGAINING AGREEMENT 2009

Metal industry

COMMISSIONER BLAIR

MELBOURNE, 29 SEPTEMBER 2009

Application for approval of the Viscount Plastics (Australia) Pty Ltd Braeside Enterprise Bargaining Agreement 2009.

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

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

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

[4] The the Australian Workers' Union 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) I note that the Agreement covers the organisation.

[5] I note that the application was lodged on 7 September whilst the Agreement was formally made on 12 August 2009. This places the application outside the 14 day time limit established by s.185(3)(a) of the Act. I am however satisfied that in all the circumstances it is fair to extend the relevant period to allow the application in accordance with s.185(3)(b).

[6] The Agreement is approved and, in accordance with s.54, will operate from 1 April 2009. The nominal expiry date of the Agreement is 31 March 2011.

COMMISSIONER

 1   Item 2, Part 1, of Schedule 2.




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