Nederman MikroPul Pty Ltd

[2019] FWCA 1531

[2019] FWCA 1531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nederman MikroPul Pty Ltd
(AG2018/5041)

AMWU & NEDERMAN MIKROPUL PTY LTD. VICTORIA COLLECTIVE BARGAINING AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 8 MARCH 2019

Application for approval of the AMWU & NEDERMAN MikroPul Pty Ltd. Victoria Collective Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & NEDERMAN MikroPul Pty Ltd. Victoria Collective Bargaining Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nederman MikroPul Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The application was not lodged within 14 days after the agreement was made. 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A