John Beever (Australia) Pty Ltd

[2015] FWCA 3944

[2015] FWCA 3944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Beever (Australia) Pty Ltd
(AG2015/1363)

JOHN BEEVER (AUST) PTY LTD WORKSHOP AND SITE MAINTENANCE ENTERPRISE AGREEMENT JULY 2014 TO JUNE 2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 JUNE 2015

Application for approval of the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2014 to June 2017.

[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 2014 to June 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by John Beever (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] This application is the second application made by John Beever (Australia) Pty Ltd for approval of the above agreement. The first application, AG2015/1220 was dismissed in a decision issued on 1 June 2015, [2015] FWC 3714, for the reason that the agreement filed with the application was not compliant with the Act. The employer has in this matter requested that I grant an extension of time for the filing of the application as it was lodged more than 14 days after the date the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] Each of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU, CFMEU and AWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 18 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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