Derby Industries Pty Ltd T/A Talloman

[2016] FWCA 5594

[2016] FWCA 5594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derby Industries Pty Ltd T/A Talloman
(AG2016/3636)

DERBY INDUSTRIES PTY LTD - ENTERPRISE MAINTENANCE AGREEMENT 2016 (TRADING AS TALLOMAN)

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Derby Industries Pty Ltd - Enterprise Maintenance Agreement 2016 (Trading as Talloman).

[1] An application has been made for approval of an enterprise agreement known as the Derby Industries Pty Ltd - Enterprise Maintenance Agreement 2016 (Trading as Talloman) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Derby Industries Pty Ltd T/A Talloman. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 11 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 18 August 2019.

COMMISSIONER

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<Price code G, AE420480  PR584021>

ANNEXURE A