Mainteck Services Pty Ltd

[2016] FWCA 8528

[2016] FWCA 8528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mainteck Services Pty Ltd
(AG2016/6480)

MAINTECK SERVICES PLY LTD PORT KEMBLA SLAB CASTER SEGMENT WORKSHOP ENTERPRISE COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mainteck Services Pty Ltd Port Kembla Slab Caster Segment Workshop Enterprise Collective 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 Mainteck Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 the organisations.

[6] The Agreement was approved on 28 November 2016 and, in accordance with s.54, will operate from 5 December 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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