DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Australia Pty Ltd
(AG2014/11059)

ITW AUSTRALIA PTY LTD (RESIDENTIAL DIVISION) - INGLEBURN MANUFACTURING AND WAREHOUSE AND THE AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 9 JANUARY 2015

Application for approval of the ITW Australia Pty Ltd (Residential Division) - Ingleburn Manufacturing and Warehouse and The Australian Workers Union Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ITW Australia Pty Ltd (Residential Division) - Ingleburn Manufacturing and Warehouse and The Australian Workers Union Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ITW Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Workers’ Union 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 was approved on 7 January 2015 and, in accordance with s.54, will operate from 14 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ITW Australia Pty Ltd made an application for approval of the ITW Australia Pty Ltd (Residential Division) - Ingleburn Manufacturing and Warehouse and The Australian Workers Union Enterprise Agreement 2014 (the Agreement) under section 185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement that is intended to cover the employees of ITW Australia Pty Ltd's Residential Division in Ingleburn, with The Australian Workers’ Union acting as the bargaining representative. The primary issue before the court was whether the Agreement met the requirements of sections 186, 187, and 188 of the Act and if it was appropriate to approve the Agreement.

The court found that the Agreement satisfied all the relevant requirements set out in sections 186, 187, and 188 of the Act. It was noted that The Australian Workers’ Union had provided notice under section 183 of the Act, indicating its desire for the Agreement to cover the employees. Furthermore, the Agreement was deemed to cover the organisation in accordance with section 201(2) of the Act. As a result, the court was satisfied that the necessary conditions for approval of the Agreement were met. The Agreement was approved on 7 January 2015 and is set to operate from 14 January 2015, with a nominal expiry date of 30 June 2017.

ITW Australia Pty Ltd

DECISION

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