"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

[2013] FWCA 957

[2013] FWCA 957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(AG2013/25)

KMART TYRE & AUTO SERVICE NSW/ACT ENTERPRISE AGREEMENT 2012

Vehicle industry
COMMISSIONER BULL	SYDNEY, 11 FEBRUARY 2013

Application for approval of the Kmart Tyre & Auto Service NSW/ACT Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Kmart Tyre & Auto Service NSW/ACT Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] The Commission requested advice with respect to clause 3 - Definitions, and in particular subclause 3.14(b), as to how the subclause is not unlawful age discrimination. The Applicant (being the AMWU) and the employer have subsequently advised the Commission that subclause 3.14(b) shall not be a term of the Agreement and have provided an undertaking to this effect.

[3] An undertaking with respect to clause 13 - Dispute settlement procedures, and the appointment of a representative by the employee, has been provided by the employer.

[4] An undertaking with respect to redundancy provisions, that they shall apply pursuant to the parent award notated at subclause 4.2 of the Agreement, has been provided by the employer.

[5] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[6] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[7] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing 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. As required by s.201(2) I note that the Agreement covers this organisation.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 18 February 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

Annexure A

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