D R May Pty Ltd

[2014] FWCA 8852

[2014] FWCA 8852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D R May Pty Ltd
(AG2014/9902)

D R MAY PTY LTD UNION COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 DECEMBER 2014

Application for approval of the D R May Pty Ltd Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the
D R May Pty Ltd Union Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by D R May Pty Ltd. The agreement is a single-enterprise agreement.

[2] The applicant advised the Commission that sub-clause 38.5.1 of the Agreement contains a typographical error and requested that it be amended. Pursuant to s.586 of the Act, I determine that the words “Single Day Absences on Sick Leave” be amended to “Single day absences on annual leave”.

[3] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act. 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 15 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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APPENDIX A