Incitec Pivot Limited

[2014] FWCA 7732

[2014] FWCA 7732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Incitec Pivot Limited
(AG2014/7961)

INCITEC PIVOT LIMITED PDC OPERATIONS GIBSON ISLAND ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 OCTOBER 2014

Application for approval of the Incitec Pivot Limited PDC Operations Gibson Island Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Incitec Pivot Limited PDC Operations Gibson Island Enterprise Agreement 2014 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Australian Workers’ Union (AWU) 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 this organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 7 November 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

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ANNEXURE A