Thompsons, Kelly & Lewis Pty Ltd

[2016] FWCA 1217

[2016] FWCA 1217

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thompsons, Kelly & Lewis Pty Ltd
(AG2016/2219)

FLOWSERVE PUMP DIVISION - (THOMPSONS, KELLY & LEWIS PTY LTD) CASTLEMAINE COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 FEBRUARY 2016

Application for approval of the Flowserve Pump Division - (Thompsons, Kelly & Lewis Pty Ltd) Castlemaine Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Flowserve Pump Division - (Thompsons, Kelly & Lewis Pty Ltd) Castlemaine Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thompsons, Kelly & Lewis Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Municipal, Administrative, Clerical and Services Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 26 February 2016 and, in accordance with s.54, will operate from 4 March 2016. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE417974  PR577392>

ANNEXURE A