Stork Technical Services Australia Pty Ltd

Case

[2013] FWCA 8007

14 OCTOBER 2013

No judgment structure available for this case.

[2013] FWCA 8007

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Stork Technical Services Australia Pty Ltd
(AG2013/7644)

STORK TECHNICAL SERVICES AUSTRALIA PTY LTD WA OPERATIONS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries

DEPUTY PRESIDENT MCCARTHY

PERTH, 14 OCTOBER 2013

Application for approval of the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[5] I had some concerns regarding Clause 14.1.2 and Appendix A in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the Agreement has indicated their support for the undertaking.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

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