Cigweld Pty Ltd

[2015] FWCA 4597

[2015] FWCA 4597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cigweld Pty Ltd
(AG2015/3650)

CIGWELD PTY LTD (PRESTON) AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 7 JULY 2015

Application for approval of the Cigweld Pty Ltd (Preston) Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Cigweld Pty Ltd (Preston) Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Cigweld Pty Ltd (the applicant). The agreement is a single-enterprise agreement.

[2] The Australian Workers’ Union (AWU), 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.

[3] The Agreement was made on 12 May 2015 but was not lodged until 22 June 2015, 27 days outside the requisite 14 day time period. The employer has sought an extension of time and by way of explanation has advised that it forwarded the Agreement to the AWU for signature on 14 May 2015 and did not received the signed Agreement back from the AWU until 11 June 2015. I accept that the delay was outside the control of the Applicant and, pursuant to s.185(3)(b), I consider it fair to extend the time for making the application to the date it was actually made due to the delay being outside the control of the applicant.

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

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 14 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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