West Tamar Council

[2013] FWCA 2973

[2013] FWCA 2973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Tamar Council
(AG2013/6175)

WEST TAMAR COUNCIL ENTERPRISE AGREEMENT MARK IX - 2013

Local government administration
COMMISSIONER ROBERTS	SYDNEY, 16 MAY 2013

Application for approval of the West Tamar Council Enterprise Agreement Mark IX - 2013.

[1] An application has been made for approval of an enterprise agreement known as the West Tamar Council Enterprise Agreement Mark IX - 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by West Tamar Council (the Council). 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) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 10 May 2013 an undertaking was provided by the Council’s Corporate Services Manager, Mr G Stagg, in relation to clause 2.2.5 (Dispute resolution) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. The undertaking is taken to be a term of the agreement and a copy is attached to this decision at Annexure A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Association of Professional Engineers, Scientists and Managers, Australia, and the Australian Municipal, Administrative, Clerical and Services Union - Victorian & Tasmanian Authorities & Services Branch, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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Annexure A