Hydro Australia Pty Ltd T/A Hydro Australia

[2017] FWCA 3811

[2017] FWCA 3811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydro Australia Pty Ltd T/A Hydro Australia
(AG2017/1396)

HYDRO AUSTRALIA PTY LTD / AMWU AGREEMENT 2017 - 2019

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 JULY 2017

Application for approval of the Hydro Australia Pty Ltd / AMWU Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hydro Australia Pty Ltd / AMWU Agreement 2017 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hydro Australia Pty Ltd T/A Hydro Australia. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 20 July 2017 and, in accordance with s.54, will operate from 27 July 2017. The nominal expiry date of the Agreement is 29 March 2019.

DEPUTY PRESIDENT

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Annexure A