FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Australia Pty Ltd
(AG2014/11059)

ITW AUSTRALIA PTY LTD (RESIDENTIAL DIVISION) - INGLEBURN MANUFACTURING AND WAREHOUSE AND THE AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 9 JANUARY 2015

Application for approval of the ITW Australia Pty Ltd (Residential Division) - Ingleburn Manufacturing and Warehouse and The Australian Workers Union Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ITW Australia Pty Ltd (Residential Division) - Ingleburn Manufacturing and Warehouse and The Australian Workers Union Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ITW 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.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 January 2015 and, in accordance with s.54, will operate from 14 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ITW Australia Pty Ltd, operating under the name MCC Contracting, applied for the approval of the ITW Australia Pty Ltd (Residential Division) - Ingleburn Manufacturing and Warehouse and The Australian Workers Union Enterprise Agreement 2014. The application was made under section 185 of the Fair Work Act 2009. The agreement, which is a single enterprise agreement, was submitted by ITW Australia Pty Ltd. The Australian Workers’ Union, which represents the employees under the agreement, has expressed its desire for the agreement to cover them, as required under section 183 of the Act.

The legal issues before the court involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the application for approval of the enterprise agreement satisfied the criteria set out in sections 186, 187, and 188 of the Act. Additionally, the court had to confirm that the agreement covered the relevant organisation, as stipulated in section 201(2) of the Act.

The court found that all relevant statutory requirements had been met. The Commissioner was satisfied that the agreement fulfilled the criteria under sections 186, 187, and 188 of the Act, and that the Australian Workers’ Union's notice under section 183 of the Act indicated their desire for the agreement to cover them. Consequently, the court approved the agreement, which will operate from 14 January 2015, with a nominal expiry date of 30 June 2017.

Pedelmax Pty Ltd T/A MCC Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established