ABB Grain Limited
[2009] FWA 142
•25 AUGUST 2009
[2009] FWA 142
31 August 2009
AG2009/547
ABB Grain Limited
(AG2009/547
ABB Grain Victoria & Tasmania Maintenance Enterprise Agreement 2009
The attached Decision replaces the Decision originally filed and sent to parties on 25 August 2009.
The attached Decision has been amended to include notice that the AMWU, as bargaining representative is covered by the Agreement and has also been amended to reflect the correct operative date.
Please discard the original sent on 25 August 2009 and replace it with the attached.
[2009] FWA 142 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2009/547)
ABB GRAIN VICTORIA & TASMANIA MAINTENANCE ENTERPRISE AGREEMENT 2009
(AG2009/547) [AE871303]
Metal industry | |
COMMISSIONER BLAIR | MELBOURNE, 25 AUGUST 2009 |
ABB Grain Victoria and Tasmania Maintenance Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as ABB Grain Victoria & Tasmania Maintenance Agreement 2009 (the Agreement). The Agreement is a single-enterprise agreement.
[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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) and is thus subject to the approval requirements of Sub-division B, Division 4, Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act during the bridging period.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.
[4] The Agreement passes the no-disadvantage test.
[5] The Agreement contains a flexibility clause and also contains a consultation a communication clause.
[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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) of the Act, I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 September 2009. The nominal expiry date of the Agreement is 30 June 2012.
COMMISSIONER
1 Schedule 2, Part 1, Section 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Printed by authority of the Commonwealth Government Printer
<Price code C, AE871303 PR988747 >
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