Hydro Australia Pty Ltd T/A Hydro Australia

[2014] FWCA 7379

[2014] FWCA 7379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydro Australia Pty Ltd T/A Hydro Australia
(AG2014/7777)

HYDRO AUSTRALIA PTY LTD/AMWU AGREEMENT 2014 - 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 17 OCTOBER 2014

Application for approval of the Hydro Australia Pty Ltd/AMWU Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hydro Australia Pty Ltd/AMWU Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Hydro Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) with respect to these undertakings and the AMWU has advised it is in support of the undertakings.

[4] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

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

[6] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 24 October 2014. The nominal expiry date of the Agreement is 29 March 2016.

COMMISSIONER

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APPENDIX A

APPENDIX B