Compile-Ryobi Australia Pty Ltd

[2013] FWCA 8622

[2013] FWCA 8622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Compile-Ryobi Australia Pty Ltd
(AG2013/1759)

COMPILE-RYOBI AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 NOVEMBER 2013

Application for approval of the Compile-Ryobi Australia Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Compile-Ryobi Australia Pty Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On 6 November 2013, I issued a Decision 1 in relation to the application. In that decision I indicated that I had some concerns regarding Clauses 6.2 and 6.5 of the Agreement2. Compile-Ryobi Australia Pty Ltd (Compile) provided undertakings regarding those concerns. I invited the bargaining representatives to inform me of their views about the undertakings3, however, no advice or response has been received. The Construction, Forestry, Mining and Energy Union (the CFMEU), if it is a bargaining representative, also did not respond. Compile advised that they had explained the undertakings to the bargaining representatives. I have taken it that the views of the bargaining representatives have been supportive of the undertakings, apart from perhaps the CFMEU. I accept the undertakings as they satisfy my concerns.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] A copy of the undertakings is attached to the Agreement. The bargaining representatives for the Agreement have indicated their support for the undertakings.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

 1   [2013] FWC 8733 [PR544218]

 2   Ibid para 11

 3   Ibid para 11

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