Sims E-Recycling Pty Ltd T/A Sims Recycling Solutions

[2017] FWCA 6777

[2017] FWCA 6777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims E-Recycling Pty Ltd T/A Sims Recycling Solutions
(AG2017/5670)

SIMS E-RECYCLING AND THE AUSTRALIAN WORKERS’ UNION COLLECTIVE AGREEMENT VILLAWOOD 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Sims E-Recycling and The Australian Workers’ Union Collective Agreement Villawood 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sims E-Recycling and The Australian Workers’ Union Collective Agreement Villawood 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sims E-Recycling Pty Ltd T/A Sims Recycling Solutions. 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 14 December 2021.

COMMISSIONER

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Annexure A