Swire Industrial Services Pty Ltd

[2017] FWCA 2906

[2017] FWCA 2906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Industrial Services Pty Ltd
(AG2017/1610)

SWIRE INDUSTRIAL SERVICES PORT KEMBLA AGREEMENT 2017-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 MAY 2017

Application for approval of the Swire Industrial Services Port Kembla Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Swire Industrial Services Port Kembla Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swire Industrial Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 Agreement was approved on 26 May 2017 and, in accordance with s.54, will operate from 2 June 2017. The nominal expiry date of the Agreement is 5 February 2019.

COMMISSIONER

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