Axalta Coating Systems Australia Pty Ltd

[2017] FWCA 4622

[2017] FWCA 4622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axalta Coating Systems Australia Pty Ltd
(AG2017/2653)

AXALTA COATING SYSTEMS AUSTRALIA PTY LTD 2017 - 2019 ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2017

Application for approval of the Axalta Coating Systems Australia Pty Ltd 2017 - 2019 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Axalta Coating Systems Australia Pty Ltd 2017 - 2019 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Axalta Coating Systems Australia Pty Ltd. 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 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.

[5] United Voice, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

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Annexure A