Woolworths Limited T/A Dan Murphy’s

[2013] FWCA 818

[2013] FWCA 818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited T/A Dan Murphy’s
(AG2012/14200)

DAN MURPHY’S AGREEMENT 2012

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	MELBOURNE, 8 FEBRUARY 2013

Application for approval of the Dan Murphy’s Agreement 2012.

[1] An application has been made for the approval of an enterprise agreement known as the Dan Murphy’s Agreement 2012 (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) of the Act, I consider it fair to extend the time for making this application until the actual date of lodgement.

[3] It is noted that the Agreement does not contain a flexibility term that complies with s.203 of the Act. In accordance with s.202(4), the Agreement shall be taken to include all of the provisions of the model flexibility term set out in Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations).

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

[5] The Shop, Distributive and Allied Employees Association, 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) of the Act, I note the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2013. The nominal expiry date of the Agreement is 1 July 2015.

SENIOR DEPUTY PRESIDENT

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