Olex Australia Pty Ltd

[2015] FWCA 6559

[2015] FWCA 6559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olex Australia Pty Ltd
(AG2015/5510)

OLEX (LILYDALE) - AUSTRALIAN MANUFACTURING WORKERS UNION AND ELECTRICAL TRADES UNION COLLECTIVE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Olex (Lilydale) - Australian Manufacturing Workers Union and Electrical Trades Union Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Olex (Lilydale) - Australian Manufacturing Workers Union and Electrical Trades Union Collective Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Olex Australia 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] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

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