Incitec Pivot Limited

[2017] FWCA 4277

[2017] FWCA 4277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Limited
(AG2017/1832)

INCITEC PIVOT LIMITED MOUNT ISA OPERATIONS WORKPLACE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 17 AUGUST 2017

Application for approval of the Incitec Pivot Limited Mount Isa Operations Workplace Agreement 2017.

[1] Incitec Pivot Limited applies for approval of an enterprise agreement known as the Incitec Pivot Limited Mount Isa Operations Workplace Agreement 2017 (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 this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 6 July and 4 August 2017 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. 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 to the extent of any inconsistency with the consultation term in the Agreement.

[5] 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.

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 24 August 2017. The nominal expiry date of the Agreement is 23 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE425182  PR595393>