Andritz Fabrics and Rolls Pty Limited

[2020] FWCA 1369

[2020] FWCA 1369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Andritz Fabrics and Rolls Pty Limited
(AG2019/4847)

ANDRITZ FABRICS AND ROLLS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Clothing industry
COMMISSIONER WILSON	MELBOURNE, 16 MARCH 2020

Application for approval of the Andritz Fabrics and Rolls Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Andritz Fabrics and Rolls Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Andritz Fabrics and Rolls Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 Notice of Employee Representational Rights (NERR) was issued to employees between 5 and 8 August 2019. The NERR displayed the company name as Huyck. Wangner Australia Pty Ltd. The name of the company changed on 2 September 2019 from Huyck. Wangner Australia Pty Ltd to Andritz Fabrics and Rolls Pty. Limited. The ABN and CAN did not change. I am satisfied on the materials before me that employees were sufficiently notified of the company’s name change and am satisfied that the NERR was in the prescribed format at the date it was issued.

[6] The Construction, Forestry, Maritime, Mining and Energy 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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Annexure A