Construction, Forestry, Mining and Energy Union

[2013] FWCA 2080

[2013] FWCA 2080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5689)

HAZREM PTY LTD ANGLESEA SHUTDOWN AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 APRIL 2013

Application for approval of the Hazrem Pty Ltd Anglesea Shutdown Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hazrem Pty Ltd Anglesea Shutdown Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made Construction, Forestry, Mining and Energy Union (CFMEU). The agreement is a greenfields agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has alerted the Commission to an error in the Agreement relating to one of the wage rates. The C11 rate as it appears in clause 7 does not equate to 97.5% of the C10 rate. Therefore, pursuant to s.586 of the Act, the C11 rate is corrected to read $1330.03.

[4] I am satisfied that the AMWU and the CFMEU, the employee organisations to be covered by the agreement, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 12 April 2013. The nominal expiry date of the Agreement is 30 September 2013.

COMMISSIONER

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