ABnote Australasia Pty Ltd

[2013] FWCA 6147

[2013] FWCA 6147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABnote Australasia Pty Ltd
(AG2013/2143)

ABNOTE AUSTRALASIA INGLEBURN ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER JOHNS	MELBOURNE, 28 AUGUST 2013

Application for approval of the ABnote Australasia Ingleburn Enterprise Agreement 2013.

[1] On 29 July 2013 ABnote Australasia Pty Ltd made an application for approval of the ABnote Australasia Ingleburn Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside of the 14 day timeframe prescribed by section 185(3)(a) the Act. The Commission invited the parties to explain the late lodgement. On 5 August 2013, Mr Chris Sealie, Australian Industry Group, advised that the Agreement was lodged late due to delays in communication between the Applicants’ Human Resources Manager and the Plant Manager caused by the nature of the organisation. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 185(3)(b).

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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), I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 4 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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