Futuris Automotive Interiors (Australia) Pty Ltd

[2014] FWCA 780

[2014] FWCA 780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Futuris Automotive Interiors (Australia) Pty Ltd
(AG2014/3445)

FUTURIS AUTOMOTIVE INTERIORS (SOUTH AUSTRALIA) WORKPLACE AGREEMENT 2013

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 4 FEBRUARY 2014

Application for approval of the Futuris Automotive Interiors (South Australia) Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Futuris Automotive Interiors (South Australia) Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Futuris Automotive Interiors (Australia) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“Futuris will consult its employees about changes to their regular roster or their ordinary hours of work, and furthermore will allow those employees representation during that consultation process.

Futuris does not employ anyone on a seven day roster and does not envisage doing so in the future, however if an implementation of a seven day roster occurs, those employees will accrue five weeks annual leave.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Annexure A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2014. The nominal expiry date of the Agreement is 1 December 2017.

SENIOR DEPUTY PRESIDENT

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