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

[2014] FWCA 1568

[2014] FWCA 1568

FAIR WORK COMMISSION

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)
(AG2013/10413)

INTEGRATED MAINTENANCE SERVICES PTY LTD T/AS PROGRAMMED IMS METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 MARCH 2014

Application for approval of the Integrated Maintenance Services Pty Ltd T/as Programmed IMS Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Maintenance Services Pty Ltd T/as Programmed IMS Metals Labour Hire Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) . The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Integrated Maintenance Services Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The parties have asked for two minor corrections to be made to the Agreement and I am satisfied that these meet the requirements under s.586 of the Act:

● The reference to clause 12 appearing in clause 5 should read “clause 11”.

● In clause 9.5 the words “Subject to 10.11 and 10.12, below where,” should be deleted and the sentence commence with “Where”.

[5] The AMWU and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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