Omya Australia Pty Limited

[2015] FWCA 7035

[2015] FWCA 7035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omya Australia Pty Limited
(AG2015/5149)

OMYA AUSTRALIA PTY LTD (GEELONG PLANT) ENTERPRISE BARGAINING AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Omya Australia Pty Ltd (Geelong Plant) Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Omya Australia Pty Limited. 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 Australian Workers’ Union and the 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 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 1 August 2017.

COMMISSIONER

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