Mulgrave Central Mill Company Limited

[2013] FWCA 9404

[2013] FWCA 9404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mulgrave Central Mill Company Limited
(AG2013/11124)

THE MULGRAVE CENTRAL MILL CO. LTD ENTERPRISE AGREEMENT NUMBER 9

Sugar industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 29 NOVEMBER 2013

Application for approval of The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 9.

[1] Mulgrave Central Mill Company Limited (the Applicant) applies for approval of an enterprise agreement known as the The Mulgrave Central Mill Co. Ltd Enterprise Agreement Number 9 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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.

[3] The Australian Workers’ Union (AWU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] On 28 November 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 6 December 2013. The nominal expiry date of the Agreement is 30 April 2016.

[6] The Agreement contains a typographical error in the Agreement. Pursuant to s.586 of the Act, the Agreement is corrected by deleting the reference in clause 7.5.1(b) to the Australian Industrial Relations Commission and inserting the Fair Work Commission.

DEPUTY PRESIDENT

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