Chelgrave Contracting Australia Pty Ltd

[2016] FWCA 8343

[2016] FWCA 8343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd
(AG2016/6845)

CHELGRAVE CONTRACTING AUSTRALIA PTY LTD METALS LABOUR HIRE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	SYDNEY, 22 NOVEMBER 2016

Application for approval of the CHELGRAVE CONTRACTING AUSTRALIA PTY LTD Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CHELGRAVE CONTRACTING AUSTRALIA PTY LTD Metals Labour Hire Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chelgrave Contracting Australia Pty Ltd. 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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