Autex Australia Pty Ltd

[2020] FWCA 3591

[2020] FWCA 3591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autex Australia Pty Ltd
(AG2020/1781)

AUTEX AUSTRALIA PLY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2020-2022

Textile industry
COMMISSIONER WILSON	MELBOURNE, 3 AUGUST 2020

Application for approval of the Autex Australia Pty Ltd and National Union of Workers Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Autex Australia Pty Ltd and National Union of Workers Enterprise Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Autex Australia Pty Ltd. 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 copy of the Agreement as provided to the Commission included, at the end of the document, the text of the Model Flexibility Term and, at the start of the Agreement stating “Note - the model flexibility term is taken to be a term of this agreement. This agreement is to be read together with an undertaking given by the employer. The undertaking is also taken to be a term of this agreement. A copy of these terms can be found at the end of the agreement”. Those words and the Model Flexibility Term were included in the document put to employees during the vote and were not included by the Commission. For the avoidance of doubt, the Commission has not exercised the obligation provided for within s.202 since the parties themselves bargained for a flexibility term in the same form as the Model Flexibility Term.

[4] On 31 July 2020, the Applicant filed an amended Agreement page removing the Commission’s stamp on the first page of the Agreement pursuant to s.586 of the Act and on 3 July 2020 the Applicant filed an amended signature page providing the employee representatives authority to sign the Agreement. I am satisfied that the correction to the first page of the Agreement and the signature page should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The United 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 10 August 2020. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

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