Webforge Australia Pty Ltd

[2013] FWCA 4855

[2013] FWCA 4855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Webforge Australia Pty Ltd
(AG2013/6288)

WEBFORGE AUSTRALIA PTY LTD WA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 JULY 2013

Application for approval of the Webforge Australia Pty Ltd WA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Webforge Australia Pty Ltd WA Enterprise Agreement 2013 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[4] 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) of the Act I note that the Agreement covers the organisation.

[5] I had some concerns regarding clause 11 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 12 January 2016.

DEPUTY PRESIDENT

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