FRCPA Pty Ltd T/A Vantage Pipes
[2018] FWCA 124
•5 JANUARY 2018
| [2018] FWCA 124 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
FRCPA Pty Ltd T/A Vantage Pipes
(AG2017/5303)
FRCPA Enterprise Agreement 2017
| Manufacturing and associated industries | |
| Deputy President Gostencnik | MELBOURNE, 5 JANUARY 2018 |
Application for approval of the FRCPA Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the FRCPA Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FRCPA Pty Ltd T/A Vantage Pipes. The agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.
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.
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.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.
The Agreement was approved on 5 January 2018 and, in accordance with s.54, will operate from 12 January 2018. The nominal expiry date of the Agreement is 12 January 2019.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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