Olex Australia Pty Ltd T/A Nexans Olex

[2014] FWCA 6740

[2014] FWCA 6740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olex Australia Pty Ltd T/A Nexans Olex
(AG2014/8908)

OLEX WETHERILL PARK WAREHOUSE DISTRIBUTION AND AUSTRALIAN WORKERS UNION, COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 SEPTEMBER 2014

Application for approval of the Olex Wetherill Park Warehouse Distribution and Australian Workers Union, Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Olex Wetherill Park Warehouse Distribution and Australian Workers Union, Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Olex Australia Pty Ltd T/A Nexans Olex. The agreement is a single-enterprise agreement.

[2] An undertaking has been given by the Applicant and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] There is no consultation term in the Agreement. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix B.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 1 October 2014. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

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APPENDIX A

APPENDIX B