Dunwood Group Pty Ltd T/A Dunwood Recruitment Pty Ltd

[2020] FWCA 1583

[2020] FWCA 1583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dunwood Group Pty Ltd T/A Dunwood Recruitment Pty Ltd
(AG2020/195)

AMWU AND DUNWOOD RECRUITMENT PTY LTD PRODUCTION/MANUFACTURING & PROCESS WORKERS LABOUR HIRE AGREEMENT 2019

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 25 MARCH 2020

Application for approval of the AMWU and Dunwood Recruitment Pty Ltd Production/Manufacturing & Process Workers Labour Hire Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the AMWU and Dunwood Recruitment Pty Ltd Production/Manufacturing & Process Workers Labour Hire Agreement 2019 (the Agreement). The application was made by Dunwood Group Pty Ltd T/A Dunwood Recruitment Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged with the Fair Work Commission contained typographical errors in Clauses 29 and 30. On 27 February 2020, the Applicant filed amended Agreement pages rectifying the errors pursuant to s.586 of the Act. I am satisfied that the correction to the Clauses should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A