Ames Australasia Pty Ltd T/A Cyclone Tools

[2021] FWCA 276

[2021] FWCA 276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ames Australasia Pty Ltd T/A Cyclone Tools
(AG2020/3876)

AMES AUSTRALASIA PTY LTD - CYCLONE TOOLS (WONTHAGGI) COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2021

Application for approval of the AMES AUSTRALASIA PTY LTD – CYCLONE TOOLS (WONTHAGGI) Collective bargaining workshop Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AMES AUSTRALASIA PTY LTD – CYCLONE TOOLS (WONTHAGGI) Collective bargaining workshop Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ames Australasia Pty Ltd (formerly Cyclone Tools Pty Ltd) T/A Cyclone Tools. The Agreement is a single enterprise agreement.

[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 Notice of Employee Representational Rights contains extra information pertaining to specific representatives within the body of the document. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(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.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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