Pipemakers Australia Pty Ltd

[2022] FWCA 4341

[2022] FWCA 4341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pipemakers Australia Pty Ltd

(AG2022/4983)

Pipemakers Australia Pty Ltd Enterprise Agreement 2022 (Deer Park)

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 9 DECEMBER 2022

Application for approval of the Pipemakers Australia Pty Ltd Enterprise Agreement 2022 (Deer Park)

1. An application has been made for approval of an enterprise agreement known as the Pipemakers Australia Pty Ltd Enterprise Agreement 2022 (Deer Park) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pipemakers Australia Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. I note that the Notice of Employee Representational Rights provided to the employees included the Employer’s watermark and contact details, and was therefore not in the prescribed form as required by s.174(1A) of the Act. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

1. 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.

1. The Agreement was approved on 9 December 2022 and, in accordance with s.54, will operate from 16 December 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

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