STR Inspection Services Pty Ltd

[2014] FWCA 5851

[2014] FWCA 5851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

STR Inspection Services Pty Ltd
(AG2014/8635)

AMWU, AWU AND STR INSPECTION SERVICES PTY LTD AUSTRALIAN PAPER MARYVALE MILL AND SUPPLEMENTARY MAINTENANCE CERTIFIED AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 25 AUGUST 2014

Application for approval of the AMWU, AWU and STR Inspection Services Pty Ltd Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the AMWU, AWU and STR Inspection Services Pty Ltd Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by STR Inspection Services Pty Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 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) and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and AWU.

[4] 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. The model consultation clause is attached at Appendix A.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 1 September 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE409774  PR554679>

APPENDIX A