Bitzer Australia Pty Ltd

[2013] FWCA 1157

[2013] FWCA 1157

FAIR WORK COMMISSION

DECISION

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

Bitzer Australia Pty Ltd
(AG2012/14479)

BITZER AUSTRALIA ENTERPRISE AGREEMENT 2013 - 2015

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 19 FEBRUARY 2013

Application for approval of the BITZER Australia Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the BITZER Australia Enterprise Agreement 2013 - 2015 (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] Upon inquiry from the Commission with respect to clause 1 - Title, as the clause did not state the name of the Agreement, the employer provided an undertaking stating that the name of the Agreement shall be known as the BITZER Australia Enterprise Agreement 2013 -2015.

[3] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The Agreement covers the manufacturing and production employees of the employer at the site located at St Mary’s in New South Wales. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[5] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[6] The Australian Workers’ Union, 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. In accordance with s.201(2) I note that the Agreement covers this organisations.

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 26 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Annexure A

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