Bekaert Wire Ropes Pty Ltd T/A BBRG Australia
[2019] FWCA 4840
•11 JULY 2019
| [2019] FWCA 4840 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bekaert Wire Ropes Pty Ltd T/A BBRG Australia
(AG2019/828)
BBRG ENTERPRISE AGREEMENT 2018
Manufacturing and associated industries | |
COMMISSIONER YILMAZ | MELBOURNE, 11 JULY 2019 |
Application for approval of the BBRG Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the BBRG Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bekaert Wire Ropes Pty Ltd T/A BBRG Australia. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.
[3] I note that clause 2.1.9(c) of the Agreement makes provision for the employer to deduct funds for employees failing to return the Company’s Property. In my view, this clause may not be a permitted deduction within the meaning of s.324 of the Act, and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my views on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.
[4] The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisations.
[5] The Agreement is approved and, in accordance with s.54, will operate from 18 July 2019. The nominal expiry date of the Agreement is 31 August 2020.
COMMISSIONER
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