National Union of Workers

[2013] FWCA 10006

[2013] FWCA 10006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/10352)

CLARIANT (AUSTRALIA) PTY LTD (LARA SITE) AGREEMENT 2013-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Clariant (Australia) Pty Ltd (Lara Site) Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Clariant (Australia) Pty Ltd (Lara Site) Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by National Union of Workers (NUW). The agreement is a single-enterprise agreement.

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

[3] 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.

[4] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[5] The National Union of Workers, 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 Agreement is approved and, in accordance with s.54(1), will operate from 26 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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APPENDIX A