Specialist Wholesalers Pty Ltd T/A AAD

[2017] FWCA 4444

[2017] FWCA 4444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialist Wholesalers Pty Ltd T/A AAD
(AG2017/2374)

AAD DERRIMUT ENTERPRISE AGREEMENT 2017

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2017

Application for approval of the AAD Derrimut Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AAD Derrimut Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Specialist Wholesalers Pty Ltd T/A AAD. 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] The Agreement lodged contained an error at clause 18.1(c). Pursuant to s.586 of the Act, the reference within clause 18.1(c) to ‘clause 19.1(b)’ and ‘clause 19.5’ is removed. The error is corrected in the published Agreement.

[5] 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.

[6] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2017. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

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Annexure A