Kennametal Australia Pty Ltd

[2014] FWCA 5849

[2014] FWCA 5849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kennametal Australia Pty Ltd
(AG2014/1947)

KENNAMETAL AUSTRALIA PTY LTD AND AMWU (EAST BENTLEIGH) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 26 AUGUST 2014

Application for approval of the Kennametal Australia Pty Ltd and AMWU (East Bentleigh) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kennametal Australia Pty Ltd and AMWU (East Bentleigh) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kennametal Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Kennametal Australia Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

ATTACHMENT A

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