Shinagawa Refractories Australasia Pty Ltd

[2020] FWCA 4460

[2020] FWCA 4460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Shinagawa Refractories Australasia Pty Ltd
(AG2020/2008)

SHINAGAWA REFRACTORIES AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 25 AUGUST 2020

Application for variation of the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made by Shinagawa Refractories Australasia Pty Ltd (Employer) pursuant to s.210 of the Fair Work Act 2009 (Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings, 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.211 and 212 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 6 July 2017 with undertakings. The undertakings were provided to address the requirements of ss.186 and 187 of the Act, and these undertakings also form part of the Agreement as varied.

[6] The Agreement lodged contained cross referencing errors at clauses 16.1, 18.2 and 29.2. On 13 August 2020, the Employer 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.

[7] The application seeks to extend the nominal expiry date to 30 June 2021. Pursuant to s.186(5) of the Act, the nominal expiry date is 30 June 2021.

[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[9] In accordance with s.216 of the Act, the variation operates from 25 August 2020.

DEPUTY PRESIDENT

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