BMC Welding and Construction Pty Ltd

[2013] FWCA 1951

[2013] FWCA 1951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMC Welding and Construction Pty Ltd
(AG2013/582)

BMC WELDING & CONSTRUCTION COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 12 APRIL 2013

Application for approval of the BMC Welding & Construction Collective Bargaining Workshop Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the BMC Welding & Construction Collective Bargaining Workshop 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 BMC Welding and Construction 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] 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 the organisation.

[6] The Construction, Forestry, Mining and Energy Union, 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.

[7] The Agreement was approved on 11 April 2013 and, in accordance with s.54, will operate from 18 April 2013. The nominal expiry date of the Agreement is 31 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE400537  PR535270>
ANNEXURE A