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austlii:cth/FWCA/2015/2230
procedural. Approved
The Fair Work Commission approved an enterprise agreement for Tecoma Pty Ltd despite it being lodged late. The Commission extended the time for lodgement because it was fair to do so. The employer gave undertakings about when the agreement would end and that workers would be no worse off under certain arrangements. These undertakings became part of the agreement. The agreement started on 10 April 2015 and ends on 9 April 2019.
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1 cited instrument linked from this judgment.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the Tecoma Pty Ltd Enterprise Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the Tecoma Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tecoma Pty Ltd. 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] An undertaking has been provided in the following terms:
"1) The nominal expiry date of the Agreement is intended to be four years from the date of approval.
[4] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Annexure A.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2015. The nominal expiry date of the Agreement is 9 April 2019.
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Approved