Ductmakers Pty Ltd

[2021] FWCA 5146

[2021] FWCA 5146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ductmakers Pty Ltd
(AG2021/6607)

DUCTMAKERS PTY LTD ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 19 AUGUST 2021

Application for approval of the Ductmakers Pty Ltd Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Ductmakers Pty Ltd Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ductmakers Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Australian Workers’ Union 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, will operate from 26 August 2021. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

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