Commonwealth Steel Company Pty Limited T/A Molycop
[2022] FWCA 49
•10 JANUARY 2022
| [2022] FWCA 49 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Commonwealth Steel Company Pty Limited T/A Molycop
(AG2021/8883)
MOLYCOP WARATAH ENTERPRISE AGREEMENT 2021
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 10 JANUARY 2022 |
Application for approval of the Molycop Waratah Enterprise Agreement 2021
Commonwealth Steel Company Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Molycop Waratah Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Section 183 Bargaining representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers Union (AWU), and the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative 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), I note that the Agreement covers the AMWU, the AWU and the CEPU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2022. The nominal expiry date of the Agreement is 30 September 2023.
COMMISSIONER
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