Diamond Power (Australia) Pty Ltd

[2016] FWCA 3670

[2016] FWCA 3670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diamond Power (Australia) Pty Ltd
(AG2016/1327)

DIAMOND POWER (AUSTRALIA) LATROBE VALLEY POWER INDUSTRY MECHANICAL (AMWU & CFMEU) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2016

Application for approval of the Diamond Power (Australia) Latrobe Valley Power Industry MECHANICAL (AMWU & CFMEU) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Diamond Power (Australia) Latrobe Valley Power Industry MECHANICAL (AMWU & CFMEU) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diamond Power (Australia) 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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Annexure A