Thermal Mechanical Suppliers Pty Ltd

[2013] FWCA 1332

[2013] FWCA 1332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Thermal Mechanical Suppliers Pty Ltd
(AG2013/38)

THERMAL MECHANICAL SUPPLIERS PTY LTD/AMWU METAL WORKER ON-SITE CONSTRUCTION COLLECTIVE AGREEMENT FOR NSW 2012-2014

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 4 MARCH 2013

Application for approval of the THERMAL MECHANICAL SUPPLIERS PTY LTD/AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the THERMAL MECHANICAL SUPPLIERS PTY LTD/AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2012-2014 (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.

Undertakings

[2] An undertaking with respect to clause 16 - Termination of employment, that the minimum period of notice upon termination will be applied pursuant to s.117(2) of the Act, has been provided by the Applicant.

[3] An undertaking with respect to Appendix 3 - Dispute settlement procedures, applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant.

[4] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[5] I have sought the views of the bargaining representative in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representative has not advised of any concerns with the undertakings provided.

Flexibility term

[6] The Commission advised the Applicant that the flexibility term found at Appendix 5 of the Agreement was not consistent with the terms that must be included pursuant to s.202(1) of the Act. Pursuant to s.202(4) of the Act, the Model Flexibility Term, as found at Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement. A copy of the model term is attached at Annexure B.

Consultation Term

[7] The Commission advised the Applicant that the consultation term found at clause 10 of the Agreement was not consistent with the terms that must be included pursuant to s.205(1) of the Act. Pursuant to s.205(2) of the Act, the Model Consultation Term, as found at Schedule 2.3 of the Regulations is taken to be a term of the Agreement. A copy of the model term is attached at Annexure C.

[8] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[9] 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 this organisation.

[10] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 11 March 2013. The nominal expiry date of the Agreement is 31 October 2014.

COMMISSIONER

Annexure A

Annexure B

Annexure C

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