John Beever (Aust.) Pty Limited T/A John Beever Australia

[2017] FWCA 4873

[2017] FWCA 4873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Beever (Aust.) Pty Limited T/A John Beever Australia
(AG2017/3990)

JOHN BEEVER (AUST) PTY LTD WORKSHOP AND SITE MAINTENANCE ENTERPRISE AGREEMENT JULY 2017 TO JUNE 2020

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2017

Application for approval of the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2017 to June 2020.

[1] An application has been made for approval of an enterprise agreement known as the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2017 to June 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Beever (Aust.) Pty Limited T/A John Beever Australia. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 September 2017 and, in accordance with s.54, will operate from 25 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A