Chalmers Industries Pty Ltd

[2013] FWCA 5989

[2013] FWCA 5989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chalmers Industries Pty Ltd
(AG2013/2346)

CHALMERS INDUSTRIES, CORNER OF FRANCIS STREET AND HARDIE ROAD BROOKLYN VIC 3025 COLLECTIVE BARGAINING AGREEMENT 2011- 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 AUGUST 2013

Application for approval of the Chalmers Industries, Corner of Francis Street and Hardie Road Brooklyn Vic 3025 Collective Bargaining Agreement 2011- 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chalmers Industries, Corner of Francis Street and Hardie Road Brooklyn Vic 3025 Collective Bargaining Agreement 2011- 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Chalmers Industries Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] I raised an issue of concern with the Applicant in relation to sub-clause 40.1. The concern was that the sub-clause stated that the term of the Agreement which could be varied by an individual flexibility arrangement was “An employee may choose to work overtime instead of RDO accrual”.

[5] The Applicant and the AMWU jointly wrote to me on 15 August 2013 and identified that sub-clause 40.1 contained a typographical error and that it was intended that the provision read: “The term of the Agreement which may be varied by an individual flexibility arrangement is clause 10, Hours of Work and Leisure Time”. An amended version of the Agreement was filed by the Applicant.

[6] Pursuant to s.586 of the Act, I accept the amended version of the Agreement as filed by the applicant on 20 August 2013 as the version of the agreement which I now approve.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 28 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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