Programmed Industrial Maintenance Pty Ltd

[2016] FWCA 7514

[2016] FWCA 7514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd
(AG2016/5686)

PROGRAMMED INDUSTRIAL MAINTENANCE AGREEMENT 2016-2019 KIMBERLY-CLARK MILLICENT MILL

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Programmed Industrial Maintenance Agreement 2016-2019 Kimberly-Clark Millicent Mill.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Agreement 2016-2019 Kimberly-Clark Millicent Mill (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Industrial Maintenance 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. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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 these organisations.

[6] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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