AKD NSW Pty Ltd

[2019] FWCA 7537

[2019] FWCA 7537

FAIR WORK COMMISSION

DECISION

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

AKD NSW Pty Ltd
(AG2019/3499)

AKD TUMUT AGREEMENT 2019-2022

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 1 NOVEMBER 2019

Application for approval of the AKD Tumut Agreement 2019-2022.

[1] An application has been filed by AKD NSW Pty Ltd(the applicant) for the approval of an enterprise agreement known as the AKD Tumut Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

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

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal and Plumbing Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have each 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 the CFMMEU and the CEPU.

[4] The Agreement’s consultation term was not in accordance with s.205(1) of the Act as it does not specifically consider variation to regular rosters and ordinary hours. 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. A copy of the model consultation term is attached at the end of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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