ITW Commercial, a Division of ITW Australia

[2016] FWCA 1723

[2016] FWCA 1723

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ITW Commercial, a Division of ITW Australia Pty Ltd t/a Modfix

(AG2016/2324)

MODFIX AND NATIONAL UNION OF WORKERS ENTERPRISE

AGREEMENT 2015

Manufacturing and associated industries

COMMISSIONER ROE MELBOURNE, 21 MARCH 2016

Application for approval of the Modfix and National Union of Workers Enterprise Agreement

2015.

[1]        An application has been made for approval of an enterprise agreement known as the

Modfix and National Union of Workers Enterprise Agreement 2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by ITW Commercial, a Division of ITW Australia Pty Ltd t/a Modfix. The Agreement is a

single enterprise agreement.

[2]        The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3]        Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[4]        The National Union of Workers 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.
[2016] FWCA 1723

[5]        The Agreement was approved on 21 March 2016 and, in accordance with s.54, will

operate from 28 March 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE418266 PR578138>

[2016] FWCA 1723

Annexure A

[2016] FWCA 1723