New Castalloy Pty Ltd

[2018] FWCA 271

[2018] FWCA 271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

New Castalloy Pty Ltd
(AG2017/4224)

NEW CASTALLOY PTY LTD NORTH PLYMPTON ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 JANUARY 2018

Application for approval of the New Castalloy Pty Ltd North Plympton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the New Castalloy Pty Ltd North Plympton Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Castalloy Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 January 2018 and, in accordance with s.54, will operate from 19 January 2018. The nominal expiry date of the Agreement is 19 January 2022.

DEPUTY PRESIDENT

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<AE426924  PR599497>

Annexure A