Cummins South Pacific Pty Ltd T/A Cummins South Pacific

[2020] FWCA 3050

[2020] FWCA 3050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cummins South Pacific Pty Ltd T/A Cummins South Pacific
(AG2020/1189)

CUMMINS SOUTH PACIFIC PTY LTD (CUMMINS CARE - PARTS) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JUNE 2020

Application for approval of the Cummins South Pacific Pty Ltd (Cummins Care - Parts) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cummins South Pacific Pty Ltd (Cummins Care - Parts) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cummins South Pacific Pty Ltd T/A Cummins South Pacific. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2020. The nominal expiry date of the Agreement is 1 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A