ITW Australia Pty Ltd

[2022] FWCA 2929

[2022] FWCA 2929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ITW Australia Pty Ltd

(AG2022/3357)

ITW Australia Pty Ltd Moorabbin Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 25 AUGUST 2022

Application for approval of the ITW Australia Pty Ltd Moorabbin Enterprise Agreement 2022

1. ITW Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the ITW Australia Pty Ltd Moorabbin Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. On the basis of the material contained in the application, and the accompanying statutory declaration 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.

1. 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.

1. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Manufacturing Workers’ Union and the United Workers Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement.  In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

1. The Agreement was approved on 25 August 2022 and, in accordance with s 54, will operate from 1 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

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