Joy Global (AUS) Underground Pty Ltd

[2014] FWCA 8711

[2014] FWCA 8711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joy Global (AUS) Underground Pty Ltd
(AG2014/8233)

JOY GLOBAL (AUS) UNDERGROUND PTY LTD (SOMERSBY) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 4 DECEMBER 2014

Application for approval of the Joy Global (AUS) Underground Pty Ltd Somersby Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Joy Global (AUS) Underground Pty Ltd Somersby Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] This undertaking arises from a dispute notification to the Fair Work Commission dealt with in conference by me on 20 November 2014 (C2014/7046). The dispute related to the interpretation of clause 33 of the predecessor agreement. That clause is in the same terms as the one in this agreement. It was agreed that the clause needed to be clarified. The undertaking reflects the agreement reached in subsequent negotiations between the employer and the AMWU and CEPU.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 11 December 2014. The nominal expiry date of the Agreement is 31 May 2017.

DEPUTY PRESIDENT

Annexure A

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