National Union of Workers

Case

[2017] FWCA 280

13 JANUARY 2017

No judgment structure available for this case.

[2017] FWCA 280
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

National Union of Workers
(AG2016/7330)

ENSIGN LABORATORIES AND NUW ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries

COMMISSIONER ROE

MELBOURNE, 13 JANUARY 2017

Application for approval of the Ensign Laboratories and NUW Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Laboratories and NUW Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. 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] Ensign Laboratories (the employer) made a request to keep the rates of pay confidential. The National Union of Workers has indicated they do not have an objection with this request. The company provided a detailed submission concerning the particular circumstances of the company which I was satisfied established special circumstances justifying keeping the rates confidential.  I am satisfied that there are exceptional circumstances which justify keeping the rates confidential.

[4] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 January 2017 and, in accordance with s.54, will operate from 20 January 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

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