Third Zeton Pty Ltd T/A Tieman Tankers

[2019] FWCA 7456

[2019] FWCA 7456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Third Zeton Pty Ltd T/A Tieman Tankers
(AG2019/3251)

THIRD ZETON PTY LTD TRADING AS TIEMAN TANKERS / AMWU VICTORIAN COLLECTIVE WORKPLACE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 29 OCTOBER 2019

Application for approval of the Third Zeton Pty Ltd Trading as Tieman Tankers / AMWU Victorian Collective Workplace Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Third Zeton Pty Ltd Trading as Tieman Tankers / AMWU Victorian Collective Workplace Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Third Zeton Pty Ltd T/A Tieman Tankers.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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. The undertakings are taken to be terms of the Agreement.

[3] With 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A