“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

[2010] FWA 9667

[2010] FWA 9667

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2009/13867)

COMMISSIONER GAY MELBOURNE, 14 DECEMBER 2010

Application for approval of the Melbourne Site Services - Don KR Castlemaine Construction Agreement 2009 - application dismissed.

[1] An application has been made for approval of a single-enterprise agreement known as the Melbourne Site Services - Don KR Castlemaine Construction Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] On 2 September 2010 Fair Work Australia wrote to the parties in the following terms:

“This s.185 application was called on for hearing on 26 August 2010 as per the Notice of Listing dispatched to the parties on 10 August (copy attached). There was no attendance at that hearing.

My Associate has previously made contact several times with the AMWU officer who appears to have had the carriage of the matter for administrative purposes and also has spoken to the Industrial/Legal Officer of the AMWU Victorian Branch, Ms McGrath. Those contacts occurred because at no stage has Fair Work Australia been provided with the entire agreement. Questions arise as to the terms of that part of the agreement that has been lodged, including as to the application of the ‘Resolution of Disputes/Grievances Procedure’ to the National Employment Standards.

The parties are invited to communicate with the writer if it remains their desire for the total agreement to be approved. Should that be the case it will be necessary for the entire agreement to be filed with Fair Work Australia.

Should there be no response to this communication, no further action will be taken in relation to the application.”

[4] There was no response from the parties. Accordingly, the application is dismissed.

COMMISSIONER

 1   Item 2, Part 1, of Schedule 2.

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