Hastings Deering (Australia) Ltd T/A Hastings Deering

[2016] FWCA 3661

[2016] FWCA 3661 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

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

Hastings Deering (Australia) Ltd T/A Hastings Deering
(AG2016/628)

HASTINGS DEERING (AUSTRALIA) LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 6 JUNE 2016

Application for approval of the Hastings Deering (Australia) Limited Enterprise Agreement 2016.

[1] Hastings Deering (Australia) Ltd T/A Hastings Deering applies for approval of an enterprise agreement known as the Hastings Deering (Australia) Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] 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 seeks to be covered by the Agreement.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement properly notified the Fair Work Commission (the Commission) that it did not support the approval of the Agreement by the Commission. Relevant submissions and evidence was put before the Commission.

[4] Despite opposing the application for approval of the Agreement, the CFMEU notified the Commission that it wants to be covered by the Agreement [if approved].

[5] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

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

[7] The Agreement is approved, in accordance with s.54 of the Act, and will operate from 13 June 2016. The nominal expiry date of the Agreement is 13 June 2018.

[8] I will provide my reasons for this decision separately.

COMMISSIONER

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