City of Melville

[2013] FWCA 38

[2013] FWCA 38

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

City of Melville
(AG2012/13092)

CITY OF MELVILLE FLEET SERVICES WORKSHOP ENTERPRISE BARGAINING AGREEMENT 2012

Local government administration
COMMISSIONER CLOGHAN	PERTH, 14 JANUARY 2013

Application for approval of the City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2012.

[1] On 19 December 2012, the City of Melville made application for approval of a single enterprise agreement to be known as the City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 12 December 2012.

[3] Fair Work Australia must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Tribunal, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) has declared that the AMWU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AWMU supports the approval of the Agreement by FWA and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 21 January 2013.

[6] The nominal expiry date of this Agreement is 12 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE899149  PR532861>