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

[2013] FWCA 278

[2013] FWCA 278

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)
(AG2012/14506)

KMART TYRE AND AUTO SERVICE VICTORIA ENTERPRISE BARGAINING AGREEMENT 2012

Vehicle industry
COMMISSIONER GOOLEY	MELBOURNE, 15 JANUARY 2013

Application for approval of the Kmart Tyre and Auto Service Victoria Enterprise Bargaining Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Kmart Tyre and Auto Service Victoria Enterprise Bargaining Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The AMWU 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.

[5] The Agreement was approved on 15 January 2013 and, in accordance with s.54, will operate from 22 January 2013. The nominal expiry date of the Agreement is 1 November 2015.

COMMISSIONER

ATTACHMENT A

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