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

[2014] FWCA 8610

[2014] FWCA 8610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2014/9589)

AMWU AND THE HAIOS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2011

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 DECEMBER 2014

Application for variation of the AMWU and the HAIOS Pty Ltd Collective Bargaining Workshop Agreement 2011.

[1] An application has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), pursuant to s.210 of the Fair Work Act 2009 (the Act) to vary the HAIOS Pty Ltd Collective Bargaining Workshop Agreement 2011 (the Agreement). The variations sought to the Agreement relate to the various matters which include wage rates, allowances, superannuation, casual labour, severance, apprentices and public holiday provisions.

[2] The varied Agreement contains a nominal expiry date of 30 June 2017. This date is more than 4 years after the date of approval of the Agreement (which was 14 June 2012) and therefore contravenes s.211 of the Act.

[3] An undertaking has been given in relation to the nominal expiry date which satisfies my concern 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.

[4] I am satisfied that each of the requirements of s.210 and s.211 as are relevant to this application for approval have been met. The variation was approved by a valid majority of the employees on 6 October 2014.

[5] 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.

[6] The Agreement as varied meets the relevant requirements in s.186 of the Act.

[7] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] Pursuant to s.216 of the Act, the variation operates from 1 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE894533  PR558420>

APPENDIX A