BRB Modular Pty Ltd T/A Fleetwood

[2016] FWCA 823

[2016] FWCA 823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BRB Modular Pty Ltd T/A Fleetwood
(AG2015/7827)

BRB MODULAR (SOUTH) EMPLOYEE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the BRB Modular (South) Employee Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BRB Modular (South) Employee Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BRB Modular Pty Ltd T/A Fleetwood. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[5] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE417741  PR576830>