WorkPac Pty Ltd

[2014] FWCA 9320

[2014] FWCA 9320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

WorkPac Pty Ltd
(AG2014/10669)

WORKPAC PTY LTD CLERICAL AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 23 DECEMBER 2014

Application for approval of the WorkPac Pty Ltd Clerical Agreement 2014.

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

[2] WorkPac Pty Ltd has provided a signed written undertaking in relation to the continuity of service clause in the Agreement. I am satisfied the undertaking meets any concerns which I had about the Agreement.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54, will operate from 30 December 2014. The nominal expiry date is four (4) years from the date of approval.

COMMISSIONER

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