Agi Engineering Woolongong Pty Ltd

[2022] FWCA 3039

[2022] FWCA 3039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Agi Engineering Woolongong Pty Ltd

(AG2022/2368)

AGi Engineering Wollongong Pty Limited Enterprise Agreement 2022-2025

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 1 SEPTEMBER 2022

Application for approval of the AGi Engineering Wollongong Pty Limited Enterprise Agreement 2022-2025

1. An application has been made for approval of an enterprise agreement known as the AGi Engineering Wollongong Pty Limited Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Agi Engineering Woolongong Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. Subject to matters that have been addressed by way of undertakings, 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.

1. As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

1. 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. The AMWU considered and agreed with the undertakings. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Applicant has sought that the publication of Appendix A to the Agreement be restricted and kept confidential. Pursuant to s.594(1) of the Act, I order that the appendices be kept confidential and not published on the basis that I am satisfied that the Appendices contain commercially sensitive operational information and that it is desirable that this information is restricted from publication. Application may be made to the Commission for access and it will be assessed on a case by case basis.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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