Cavill Power Products Pty Ltd

[2014] FWCA 4463

[2014] FWCA 4463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cavill Power Products Pty Ltd
(AG2014/1436)


CAVILL POWER PRODUCTS PTY LTD (OLYMPIC DAM) SERVICE AND PARTS ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 4 JULY 2014

Application for approval of the Cavill Power Products Pty Ltd (Olympic Dam) Service and Parts Enterprise Agreement 2014

[1] An application for approval of an enterprise agreement known as the Cavill Power Products Pty Ltd (Olympic Dam) Service and Parts Enterprise Agreement 2014 (the Agreement) has been made by Cavill Power Products Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] Arising from concerns I expressed to the parties concerning the compliance of the dispute procedure in clause 6.1 of the Agreement with the requirements of s.186(6)(a)(ii) of the Act, the employer has provided an undertaking to clarify that disputes in relation to the National Employment Standards can be dealt with under clause 6.1.

[3] The undertaking meets the concerns expressed by the Commission and otherwise satisfies the requirements of s.190 of the Act dealing with undertakings. As required by s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement. The undertaking will be appended to the Agreement as Schedule A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union(the AMWU)being a bargaining representative for the Agreement, has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[6] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 11 July 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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