Ofinac Acoustical Engineers Pty Ltd

[2019] FWCA 1172

[2019] FWCA 1172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ofinac Acoustical Engineers Pty Ltd
(AG2018/5066)

OFINAC ACOUSTICAL ENGINEERS PTY LTD (FACTORY) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Ofinac Acoustical Engineers Pty Ltd (Factory) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ofinac Acoustical Engineers Pty Ltd (Factory) Enterprise 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 Ofinac Acoustical Engineers Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[5] The Agreement was approved on 22 February 2019 and, in accordance with s.54, will operate from 1 March 2019. The nominal expiry date of the Agreement is 21 February 2023.

COMMISSIONER

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