Prysmian Australia Pty Ltd

[2016] FWCA 8633

[2016] FWCA 8633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prysmian Australia Pty Ltd
(AG2016/6162)

PRYSMIAN AUSTRALIA PTY LTD UNION COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2016

Application for approval of the Prysmian Australia Pty Ltd Union Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Prysmian Australia Pty Ltd Union Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prysmian 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. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, National Union of Workers 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 1 December 2016 and, in accordance with s.54, will operate from 8 December 2016. The nominal expiry date of the Agreement is 6 July 2018.

COMMISSIONER

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