Ruffin Hydraulics Pty Ltd

[2015] FWCA 4181

[2015] FWCA 4181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ruffin Hydraulics Pty Ltd
(AG2015/1413)

RUFFIN HYDRAULICS METAL ENGINEERING WORKSHOP AND SITE AGREEMENT 2014 - 2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 JUNE 2015

Application for approval of the Ruffin Hydraulics Metal Engineering Workshop and Site Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ruffin Hydraulics Metal Engineering Workshop and Site Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Ruffin Hydraulics Pty Ltd. The agreement is a single-enterprise agreement.

[2] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement in lieu of clause 42. The model consultation clause is attached at Appendix A.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 26 June 2015.The nominal expiry date of the Agreement is 25 March 2018.

COMMISSIONER

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APPENDIX A