Concept Engineering (Aust) Pty Ltd

[2014] FWCA 5488

[2014] FWCA 5488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concept Engineering (Aust) Pty Ltd
(AG2014/1978)

CONCEPT ENGINEERING (AUST) PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 AUGUST 2014

Application for approval of the Concept Engineering (AUST) Pty Ltd Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Concept Engineering (AUST) Pty Ltd Metals Labour Hire Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Concept Engineering (Aust) 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] The consultation term of the enterprise agreement, clause 37, does not meet the requirements of s.205(1) and (1A) of the Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 19 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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<Price code C, AE409575  PR554189>

APPENDIX A