Chelgrave Contracting Australia Pty Ltd

[2013] FWCA 6584

[2013] FWCA 6584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd
(AG2013/2648)

THE CHELGRAVE CONTRACTING AUSTRALIA PTY LTD AND AMWU/ETU/AWU UNION COLLECTIVE BARGAINING BSL WESTERNPORT SITE MAINTENANCE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 SEPTEMBER 2013

Application for approval of The Chelgrave Contracting Australia Pty Ltd and AMWU/ETU/AWU Union Collective Bargaining BSL Westernport Site Maintenance Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the The Chelgrave Contracting Australia Pty Ltd and AMWU/ETU/AWU Union Collective Bargaining BSL Westernport Site Maintenance Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Chelgrave Contracting Australia Pty Ltd. 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] An undertaking has been given in relation to clause 31.3(d) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and AWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 11 September 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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APPENDIX A