Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust T/A Able Industries Engineering Pty Ltd

Case

[2017] FWCA 3812

19 JULY 2017

No judgment structure available for this case.

[2017] FWCA 3812
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust T/A Able Industries Engineering Pty Ltd
(AG2017/1906)

ABLE INDUSTRIES ENGINEERING PTY LTD ATF ABLE INDUSTRIES ENGINEERING UNIT TRUST (ABN 31 213 464 545) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER MCKINNON

MELBOURNE, 19 JULY 2017

Application for approval of the Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust (ABN 31 213 464 545) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust (ABN 31 213 464 545) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Able Industries Engineering Pty Ltd atf Able Industries Engineering Unit Trust T/A Able Industries Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged contained an error at Clause 4. On 18 July 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A