Backwell IXL Pty Ltd; IXL Metal Castings Pty Ltd

[2013] FWCA 518

[2013] FWCA 518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Backwell IXL Pty Ltd; IXL Metal Castings Pty Ltd
(AG2012/13217)

BACKWELL IXL PTY LTD SINGLE ENTERPRISE UNION COLLECTIVE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 JANUARY 2013

Application for approval of the Backwell IXL Pty Ltd Single Enterprise Union Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Backwell IXL Pty Ltd Single Enterprise Union Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Backwell IXL Pty Ltd. The agreement is a multi-enterprise agreement and the employer parties are Backwell IXL Pty Ltd and IXL Metal Castings Pty Ltd.

[2] The application was accompanied by a Form F17, declaration of Employer in Support of Application, made on behalf of Backwell IXL Pty Ltd.

[3] An examination of the details of the F17 and of the Agreement disclosed that the agreement was in fact a multi-enterprise agreement.

[4] I required the applicants to file a new F16 and that each of the two employers, Backwell IXL Pty Ltd and IXL Metal Castings Pty Ltd, file a Form F17.

[5] The applicants were required to file a new version of the agreement, correcting the very large number of typographical/administrative errors in the agreement. Pursuant to s.586 of the Act, I accept the amended version of the Agreement as filed by the applicants’ representative on 16 January 2013 as the version of the agreement which I now approve.

[6] An undertaking has been given by both applicant companies in relation to clause 5.5.8 of the Agreement and these undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

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

[8] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54(1), will operate from 29 January 2013. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

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