ACI Operations Pty Ltd T/A O-I Adelaide

[2013] FWCA 4586

[2013] FWCA 4586

FAIR WORK COMMISSION

DECISION

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

ACI Operations Pty Ltd T/A O-I Adelaide
(AG2013/7314)

O-I ADELAIDE WORKPLACE AGREEMENT (MAINTENANCE) 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 JULY 2013

Application for approval of the O-I Adelaide Workplace Agreement (Maintenance) 2013.

[1] An application has been made for approval of an enterprise agreement known as the O-I Adelaide Workplace Agreement (Maintenance) 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACI Operations Pty Ltd T/A O-I Adelaide. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“THIS UNDERTAKING is given by ACI Operations Pty Ltd trading as O-I Adelaide with respect to the O-I Adelaide Workplace Agreement (Maintenance) 2013 (“the Agreement”):

The attached wage rates are the current rates that apply to maintenance employees at the OI Adelaide plant”

[3] 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 Attachment 1.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2013. The nominal expiry date of the Agreement is 14 February 2016.

SENIOR DEPUTY PRESIDENT

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