Chandler Macleod Workforce Pty Ltd

[2018] FWCA 7759

[2018] FWCA 7759

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Chandler Macleod Workforce Pty Ltd

(AG2018/5433)

CHANDLER MACLEOD WORKFORCE (ASC SUPPLEMENTARY LABOUR) AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 20 DECEMBER 2018

Application for approval of the Chandler Macleod Workforce (ASC Supplementary Labour) Agreement 2018.

1. An application has been made for approval of an enterprise agreement known as the Chandler Macleod Workforce (ASC Supplementary Labour) Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chandler Macleod Workforce Pty Ltd. The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 13 December 2018.

1. On 19 December 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 19 December 2018. The undertaking deals with the following topics:

· The Employer will comply with the Model Consultation Clause in the Fair Work Regulations 2009 (Cth) – Schedule 2.3 in lieu of clause 8 of the Agreement.

·   For the purpose of sub-clause 27(b)(i), the clause should be read as 10 days in accordance with the National Employment Standards.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The “‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU)”, “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)” and “Australian Workers' Union (AWU)” being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 24 November 2020.

COMMISSIONER

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