Hufcor Pty Ltd and Kyissa Pty Ltd

[2013] FWCA 3421

[2013] FWCA 3421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hufcor Pty Ltd and Kyissa Pty Ltd
(AG2013/1017)

HUFCOR PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 29 MAY 2013

Hufcor Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hufcor Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Hufcor Pty Ltd and Kyissa Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied on the material before me that the two employers, Hufcor Pty Ltd and Kyissa Pty Ltd, constitute a single interest employer for the purpose of s.172(5) which states:

“ (5) Two or more employers are single interest employers if:

(a) the employers are engaged in a joint venture or common enterprise; or

(b) the employers are related bodies corporate; or

(c) the employers are specified in a single interest employer authorisation that is in operation in relation to the proposed enterprise agreement concerned.”

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

[4] An undertaking has been given in relation to clauses 5 and 17.6 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Construction, Forestry, Mining and Energy Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and CFMEU.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 5 June 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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APPENDIX A