Alimak Hek Pty Ltd

[2015] FWCA 5045

[2015] FWCA 5045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alimak Hek Pty Ltd
(AG2015/3014)

ALIMAK HEK PTY LTD ENGINEERING AND MANUFACTURING EMPLOYEES COLLECTIVE AGREEMENT 2011 - 2014 (WORKSHOPS)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 23 JULY 2015

Application for approval of the Alimak Hek Pty Ltd Engineering and Manufacturing Employees Collective Agreement 2011 - 2014 (Workshops).

[1] An application has been made for approval of an enterprise agreement known as the Alimak Hek Pty Ltd Engineering and Manufacturing Employees Collective Agreement 2011 - 2014 (Workshops) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Alimak Hek Pty Ltd. The agreement is a single-enterprise agreement.

[2] In my view, the provision in Part 6.1 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[3] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[4] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 30 July 2015. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

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APPENDIXA