National Union of Workers

[2013] FWCA 5287

[2013] FWCA 5287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/2083)

COLUMBIA AUSTRALIA PTY LTD SINGLE ENTERPRISE COLLECTIVE AGREEMENT 2013 - 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 AUGUST 2013

Application for approval of the Columbia Australia Pty Ltd Single Enterprise Collective Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Columbia Australia Pty Ltd Single Enterprise Collective Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by the 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] 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.

[4] Although the number of undertakings offered by the employer is significant, I am satisfied that the effect of accepting the several undertakings is not likely to result in substantial changes to the agreement.

[5] The NUW and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the NUW and AMWU.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 8 August 2013. The nominal expiry date of the Agreement is 1 June 2016.

COMMISSIONER

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APPENDIX A