Lusty Ems Pty Ltd

[2018] FWCA 2309

[2018] FWCA 2309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lusty Ems Pty Ltd
(AG2018/123)

LUSTY EMS PTY. LTD. ENTERPRISE AGREEMENT 2017

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2018

Application for approval of the Lusty EMS Pty. Ltd. Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lusty EMS Pty. Ltd. Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lusty Ems 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 application was not lodged within 14 days after 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.

[5] 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.

[6] The Agreement was approved on 23 April 2018 and, in accordance with s.54, will operate from 30 April 2018. The nominal expiry date of the Agreement is 3 September 2019.

DEPUTY PRESIDENT

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Annexure A