Donaldson Australasia Pty Ltd

[2016] FWCA 1263

[2016] FWCA 1263

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Donaldson Australasia Pty Ltd

(AG2016/274)

DONALDSON AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT

2016

Manufacturing and associated industries

COMMISSIONER ROE MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Donaldson Australasia Pty Ltd Enterprise Agreement 2016.

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

Donaldson Australasia Pty Ltd 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

Donaldson Australasia Pty Ltd. The Agreement is a single enterprise agreement.

[2]        I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3]        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.

[4]        The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”

known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of

Workers 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.
[2016] FWCA 1263

[5]        The Agreement was approved on 29 February 2016 and, in accordance with s.54, will

operate from 7 March 2016. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

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<Price code G, AE418001 PR577456>