KSB Australia Pty Ltd

Case

[2018] FWCA 7751

20 DECEMBER 2018


[2018] FWCA 7751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KSB Australia Pty Ltd

(AG2018/5075)

KSB AUSTRALIA PTY LTD (QLD) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries

COMMISSIONER CIRKOVIC

MELBOURNE, 20 DECEMBER 2018

Application for approval of the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2018.

  1. An application has been made for approval of an enterprise agreement known as the KSB Australia Pty Ltd (QLD) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KSB Australia Pty Ltd. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. 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) I note that the Agreement covers the organisation.

  1. The Agreement was approved on 20 December 2018 and, in accordance with s.54, will operate from 27 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501165  PR703376>

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