Australian Timken Pty Ltd

[2014] FWCA 6679

[2014] FWCA 6679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Timken Pty Ltd
(AG2014/7463)

AUSTRALIAN TIMKEN PTY LTD BALLARAT ENTERPRISE BARGAINING AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Australian Timken Pty Ltd Ballarat Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Timken Pty Ltd Ballarat Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Australian Timken Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the long service leave provisions of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

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

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

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 30 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE410288  PR555805>

APPENDIX A

APPENDIX B