MHE-Demag Australia Pty Ltd

[2019] FWCA 1968

[2019] FWCA 1968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MHE-Demag Australia Pty Ltd
(AG2018/6104)

MHE-DEMAG AUSTRALIA PTY LTD SOUTH AUSTRALIA ENTERPRISE BARGAINING AGREEMENT 2018-2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 26 MARCH 2019

Application for approval of the MHE-Demag Australia Pty Ltd South Australia Enterprise Bargaining Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the MHE-Demag Australia Pty Ltd South Australia Enterprise Bargaining Agreement 2018-2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by MHE-Demag Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 March 2019.

[3] On 21 March 2019 my Chambers contacted the parties by email and advised that the definition of a shift worker in the Agreement was not for the purposes of the National Employment Standards (NES).

[4] The Applicant has submitted an undertaking in the required form dated 21 March 2019. The undertaking deals with the following topics:

•  The definition of a shift worker as outlined in clause 41.3 of the Manufacturing and Associated Industries Award and Occupations Award 2010 will be incorporated into the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)”, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 July 2019.

COMMISSIONER

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