Agfab Engineering Pty Ltd

[2013] FWCA 6504

[2013] FWCA 6504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Agfab Engineering Pty Ltd
(AG2013/8669)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 6 SEPTEMBER 2013

Application for variation of the Agfab Engineering Collective Bargaining Workshop Agreement 2011.

[1] An application has been made to vary the Agfab Engineering Collective Bargaining Workshop Agreement 2011 (the agreement). The application was made by Agfab Engineering Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The variations are appended at Appendix A.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is the employee organisation party to the Agreement. The AMWU has not filed a Form F23B in support of the application and has not signed the varied agreement.

[4] I am satisfied that each of the requirements of s.210 and s.211 as are relevant to this application for approval have been met. The variation was approved by a valid majority of the employees on 17 July 2013.

[5] The application was not filed within 14 days of the date on which the variation was made. Pursuant to s.210(3)(b), in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement as varied meets the relevant requirements in s.186 of the Act.

[7] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] Pursuant to s.216 of the Act, the variation operates from 4 September 2013.

COMMISSIONER

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