ARB Corporation Pty Limited

[2015] FWCA 2680

[2015] FWCA 2680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARB Corporation Pty Limited
(AG2015/2431)

ARB CORPORATION LIMITED, CERTIFIED AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 APRIL 2015

Application for approval of the ARB Corporation Limited, Certified Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ARB Corporation Limited, Certified Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by ARB Corporation Pty Limited. The agreement is a single-enterprise agreement.

[2] 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.

[3] Pursuant to s.190(4) of the Act, the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have been sought with respect to these undertakings and the AMWU has supported the undertakings.

[4] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[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] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. 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.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54(1), will operate from 27 April 2015. The nominal expiry date of the Agreement is 27 April 2018.

COMMISSIONER

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<Price code C, AE413577  PR563225>

APPENDIX A

APPENDIX B