G&S Engineering Services Pty Ltd

[2016] FWCA 4164

[2016] FWCA 4164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G&S Engineering Services Pty Ltd
(AG2016/3276)

G&S ENGINEERING SERVICES PTY LTD WORKSHOPS AGREEMENT 2016-2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the G&S Engineering Services Pty Ltd Workshops Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the G&S Engineering Services Pty Ltd Workshops Agreement 2016-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G&S Engineering Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss. 186(3) and (3A) of the Act I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act I note that the Agreement covers both organisations.

[5] The Agreement was approved on 28 June 2016 and, in accordance with s.54 of the Act, will operate from 5 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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