Kempe Engineering Pty Ltd

Case

[2016] FWCA 9033

19 DECEMBER 2016

No judgment structure available for this case.

[2016] FWCA 9033
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Kempe Engineering Pty Ltd
(AG2016/6991)

KEMPE ENGINEERING VISY PAPER COOLAROO AND RESERVOIR SITE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 19 DECEMBER 2016

Application for approval of the Kempe Engineering Visy Paper Coolaroo and Reservoir Site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kempe Engineering Visy Paper Coolaroo and Reservoir Site Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kempe Engineering Pty Ltd. 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 December 2016 and, in accordance with s.54, will operate from 26 December 2016. The nominal expiry date of the Agreement is 19 December 2019.

DEPUTY PRESIDENT

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<Price code C, AE422720  PR588623>

Annexure A

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