Manildra Energy Australia Pty Ltd T/A Manildra Group

[2015] FWCA 1938

[2015] FWCA 1938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manildra Energy Australia Pty Ltd T/A Manildra Group
(AG2015/2133)

MANILDRA GROUP OF COMPANIES AND AWU WEST MELBOURNE SITE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 MARCH 2015

Application for approval of the Manildra Group of Companies and AWU West Melbourne Site Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Manildra Group of Companies and AWU West Melbourne Site Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Manildra Energy Australia Pty Ltd T/A Manildra Group. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 17.1 of the Agreement and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I sought the views of The Australian Workers’ Union (AWU) with respect to the undertaking.

[4] Subject to the undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. 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.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 27 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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APPENDIX A