Tycab Australia Pty Ltd T/A Tycab Australia

[2020] FWCA 5042

[2020] FWCA 5042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tycab Australia Pty Ltd T/A Tycab Australia
(AG2020/2569)

TYCAB SINGLE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 18 SEPTEMBER 2020

Application for approval of the Tycab Single Enterprise Agreement 2020.

[1] Tycab Australia Pty Ltd T/A Tycab Australia (Tycab) has made an application for approval of an enterprise agreement known as the Tycab Single Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Tycab, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] I note that the table of contents in the Agreement appears to have incorrect page numbers for Appendix F and the Signatories page. I will therefore correct the table of contents and amend these page numbers, pursuant to s.586 of the Act.

[4] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers the AMWU and CEPU.

[6] The Agreement was approved on 18 September 2020 and, in accordance with s.54, will operate from 25 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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