Akzo Nobel Pty Ltd

[2014] FWCA 1631

[2014] FWCA 1631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Akzo Nobel Pty Ltd
(AG2014/3706)

AKZO NOBEL PTY LIMITED, YERONGA MAINTENANCE ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 MARCH 2014

Application for variation of the Akzo Nobel Pty Limited, Yeronga Maintenance Enterprise Agreement 2012-2015.

[1] This application is made by Akzo Nobel Pty Ltd (“the Company”) to vary the Akzo Nobel Pty Limited, Yeronga Maintenance Enterprise Agreement 2012-2015 (“the Agreement”) pursuant to s.217 of the Fair Work Act 2009 (“the Act”) to remove ambiguity or uncertainty. The employee organisation covered by the Agreement has indicated that it does not object to the variation sought or the fact of the existence of the ambiguity/uncertainty in the Agreement.

[2] In this regard, the Act provides as follows:

217 Variation of an enterprise agreement to remove an ambiguity or uncertainty

(1) FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

(2) If FWC varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.

[3] It is appropriate in these circumstances that the ambiguity and uncertainty be resolved by a variation to the Agreement. The Agreement will be varied by:

(a) Deleting clause 1.3; and

(b) Replacing it with new clause 1.3:

1.3. Parties Covered

This agreement shall cover:

• Akzo Nobel Pty Ltd ACN 000 119 424, (“the employer”);



• Employees of Akzo Nobel Pty Ltd whose classifications are contained within this agreement and who work at its operations located at 115 Hyde Road, Yeronga, Queensland (“the employees”); and



• The “Automotive, Food, Metals, Engineering, Print and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (AMWU), ("the Union").

[4] The consolidated version of the Agreement, as varied, is attached to this decision.

[5] This variation under s.217(1) of the Act operates from the date of this decision.

SENIOR DEPUTY PRESIDENT

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