Roll Surface Technologies Pty Limited

[2016] FWCA 8256

[2016] FWCA 8256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roll Surface Technologies Pty Limited
(AG2016/5682)

ROLL SURFACE TECHNOLOGIES - THE AUSTRALIAN WORKERS’ UNION (WESTERN PORT) AGREEMENT 2016 - 2019

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Roll Surface Technologies - The Australian Workers’ Union (Western Port) Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Roll Surface Technologies - The Australian Workers’ Union (Western Port) Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roll Surface Technologies Pty Limited. The agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 18 November 2016 and, in accordance with s.54, will operate from 25 November 2016. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

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ANNEXURE A