Hastings Deering (Australia) Limited T/A Hastings Deering

[2019] FWCA 1427

[2019] FWCA 1427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hastings Deering (Australia) Limited T/A Hastings Deering
(AG2018/5265)

HASTINGS DEERING (AUSTRALIA) LIMITED ENTERPRISE AGREEMENT 2018

Vehicle industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2019

Application for approval of the Hastings Deering (Australia) Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hastings Deering (Australia) Limited Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hastings Deering (Australia) Limited T/A Hastings Deering. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Subject to the undertakings referred to above, 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.

[4] Subject to the submissions provided by the Applicant on 20 December 2018, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s. 188(2), as the Agreement would have been genuinely agreed to, but for the minor procedural errors made in relation to the requirements in ss. 180(2)-(3).

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2019. The nominal expiry date of the Agreement is 14 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A