Pursuit Co Pty Ltd T/A Pursuit Co Pty Ltd

[2021] FWCA 642

[2021] FWCA 642

FAIR WORK COMMISSION

DECISION

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

Pursuit Co Pty Ltd T/A Pursuit Co Pty Ltd
(AG2021/62)

AMWU AND PURSUIT CO METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 9 FEBRUARY 2021

Application for approval of the AMWU and Pursuit Co Metals Labour Hire Agreement 2019-2023.

[1] This is a greenfields agreement (the Agreement) that meets the requirements of section 172(2)(b) of the Fair Work Act 2009 (Cth) (the Act). I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[2] The Agreement lodged contained errors at page 3, clause 6 and page 10, clause 28. On 3 February 2021, the Applicant filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[4] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AMWU and that the Agreement covers this organisation

[5] The Agreement was approved on 9 February 2021 and, in accordance with s.54, will operate from 16 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A