Metalsa Australia Pty Ltd
[2017] FWCA 5211
•9 OCTOBER 2017
| [2017] FWCA 5211 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Metalsa Australia Pty Ltd
(AG2017/3221)
Metalsa Australia Pty Limited Enterprise Agreement 2017
| Manufacturing and associated industries | |
| Commissioner Harper-Greenwell | MELBOURNE, 9 OCTOBER 2017 |
Application for approval of the Metalsa Australia Pty Limited Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Metalsa Australia Pty Limited 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 Metalsa Australia Pty Ltd. The Agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, 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. 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.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), National Union of Workers and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 these organisations.
The Agreement was approved on 9 October 2017 and, in accordance with s.54, will operate from 16 October 2017. The nominal expiry date of the Agreement is 31 March 2019.
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Annexure A
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