Hafele Australia Pty Ltd v National Union of Workers

Case

[2010] FWA 123

12 JANUARY 2010

No judgment structure available for this case.

[2010] FWA 123


FAIR WORK AUSTRALIA

DECISION

Workplace Relations Act 1996
cl.2A(1)(b) Sch. 7—Certified agreement

Hafele Australia Pty Ltd
v
National Union of Workers
(AG2009/20074)

Storage services

COMMISSIONER SMITH

MELBOURNE, 12 JANUARY 2010

Application to vary/extend the pre reform agreemen .

[1] The following decision, now edited, was issued during proceedings conducted on 12 January 2009.

[2] This is an application to extend the nominal expiry date of the Hafele Australia Pty Ltd Enterprise Agreement 2003 and to vary its terms. The application was lodged on 9 December 2009. The extension date sought is 12 January 2013. I have examined the agreement and I am satisfied as to the following:

    • All parties bound by the agreement genuinely agree to the extension and variation.


    • None of the parties have after the introduction day, organized or engaged in or threatened to organize or engage in industrial action in relation to the other party to the agreement or applied for protected action ballot under s.451 of the Workplace Relations Act 1996 in relation to proposed industrial action.


[3] I am also satisfied that the agreement, as varied, would not result on balance in a reduction in the overall terms and conditions of employment of employees bound by the agreement.

[4] The order will operate from 13 January 2010.

Appearances:

V. Moulatsiotis of CCI Lawyers for Hafele Australia Pty Ltd.

K Tran for National Union of Workers

Hearing details:

2010.

Melbourne:

January 12.

COMMISSIONER




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