The Trustee for Tri Tech Refrigeration Victoria Unit Trust T/A Tri Tech Refrigeration Victoria Pty Ltd

[2016] FWCA 8992

[2016] FWCA 8992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Tri Tech Refrigeration Victoria Unit Trust T/A Tri Tech Refrigeration Victoria Pty Ltd
(AG2016/6579)

TRI TECH REFRIGERATION SERVICES PTY LTD METALS LABOUR HIRE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Tri Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tri Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Tri Tech Refrigeration Victoria Unit Trust T/A Tri Tech Refrigeration Victoria 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] 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.

[4] The Agreement was approved on 15 December 2016 and, in accordance with s.54, will operate from 22 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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