CRC Industries (Aust) Pty Ltd

[2016] FWCA 455

[2016] FWCA 455

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CRC Industries (Aust) Pty Ltd

(AG2015/7715)

CRC INDUSTRIES (AUST) PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries

COMMISSIONER ROE MELBOURNE, 21 JANUARY 2016

Application for approval of the CRC Industries (Aust) Pty Ltd Enterprise Agreement 2015.

[1]        An application has been made for approval of an enterprise agreement known as the

CRC Industries (Aust) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CRC

Industries (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2]        The Applicant has 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.

[3]        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. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[4]        Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5]        The Australian Workers’ Union being a bargaining representative for the Agreement,

has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance

with s.201(2) I note that the Agreement covers the organisation.
[2016] FWCA 455

[6]        The Agreement was approved on 21 January 2016 and, in accordance with s.54, will

operate from 28 January 2016. The nominal expiry date of the Agreement is 31 December

2015.

COMMISSIONER

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[2016] FWCA 455

Annexure A