HiChem Paint Technologies

[2014] FWCA 4046

[2014] FWCA 4046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HiChem Paint Technologies
(AG2014/6345)

HICHEM INDUSTRIES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 JUNE 2014

Application for approval of the HiChem Industries Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the HiChem Industries Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by HiChem Paint Technologies. The agreement is a single-enterprise agreement.

[2] The consultation term in the Agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. As such I gave the employer the opportunity of addressing this deficiency through an undertaking. The employer provided an undertaking that clause 27 be replaced with the model consultation clause. As such the model

consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix A.

[3] An undertaking has been given in relation to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix B.

[4] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 25 June 2014. The nominal expiry date of the Agreement is 2 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE408655  PR552172>

APPENDIX A

APPENDIX B