Capital Battens Pty Ltd T/A Capital Battens

[2020] FWCA 338

[2020] FWCA 338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capital Battens Pty Ltd T/A Capital Battens
(AG2019/4707)

CAPITAL BATTENS PTY LTD FYSHWICK SAWMILL ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JANUARY 2020

Application for approval of the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Capital Battens Pty Ltd T/A Capital Battens. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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. 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.

[4] The Agreement was approved on 21 January 2020 and, in accordance with s.54, will operate from 28 January 2020. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

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Annexure A