Productive People Management Pty Limited

[2019] FWCA 6151

[2019] FWCA 6151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Productive People Management Pty Limited
(AG2019/2021)

BACKWELL IXL PTY LTD MULTI ENTERPRISE UNION COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 SEPTEMBER 2019

Application for approval of the Backwell IXL Pty Ltd Multi Enterprise Union Collective Agreement 2019

[1] Productive People Management Pty Ltd has made an application for approval of an enterprise agreement known as the Backwell IXL Pty Ltd Multi Enterprise Union Collective Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a multi-enterprise agreement.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) filed an F18 statutory declaration stating it supported approval of the Agreement. In email correspondence to the Commission, the union subsequently raised a question about the applicant’s designation of the Agreement as a ‘multi-enterprise’ agreement, noting that the union had taken the view that the employers were a part of a common enterprise during bargaining however, the union did not wish to be heard on the matter. I am satisfied that the Agreement is properly to be regarded as a multi-enterprise agreement.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The AMWU has given notice under s 183 of the Act that, if the Agreement is approved, it wishes the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 September 2019 and, in accordance with s 54, will operate from 10 September 2019. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

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