Independent Testing and Inspection Services (Vic) Pty Ltd T/A ITest NDT

[2020] FWCA 5532

[2020] FWCA 5532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Testing and Inspection Services (Vic) Pty Ltd T/A ITest NDT
(AG2020/2976)

ITEST NDT UNION COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 16 OCTOBER 2020

Application for approval of the ITest NDT Union Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ITest NDT Union Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Testing and Inspection Services (Vic) Pty Ltd T/A ITest NDT. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 23 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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