NEC Australia Pty Ltd

[2014] FWCA 3339

[2014] FWCA 3339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NEC Australia Pty Ltd
(AG2014/920)

NEC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 20 MAY 2014

Application for approval of the NEC Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the NEC Australia Pty Ltd Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by NEC Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] At my request, NEC Australia Pty Ltd provided me, on a confidential basis, with a copy of the wage rates payable under the Agreement to enable an assessment of whether or not the Agreement passes the better off overall test. I am satisfied that the wage rates are commercial-in-confidence and determine that they should remain so.

[3] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from NEC Australia Pty Ltd. In accordance with s.191(1) of the Act, the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to this decision as Attachment A.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2014. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Attachment A:

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