The Cog (Vic) Pty Ltd

[2021] FWCA 2016

[2021] FWCA 2016

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Cog (Vic) Pty Ltd
(AG2021/4370)

AMWU AND THE COG (VIC) PTY LTD METALS LABOUR HIRE AGREEMENT 2020-2023

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 APRIL 2021

Application for approval of the AMWU and The Cog (Vic) Pty Ltd Metals Labour Hire Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and The Cog (Vic) Pty Ltd Metals Labour Hire Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Cog (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. 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.

[4] 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.

[5] The Agreement was approved on 14 April 2021 and, in accordance with s.54, will operate from 21 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE511078 PR728593>

Annexure A