Webforge VIC Pty Ltd

[2013] FWCA 9239

[2013] FWCA 9239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Webforge VIC Pty Ltd
(AG2013/10020)

WEBFORGE (VIC) PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Webforge (Vic) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Webforge (Vic) Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Webforge Vic Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have received correspondence from the employer advising that the Agreement contains an incorrect reference in 24.1(c) which it wishes to have treated as a typographical error. The incorrect reference is to the spread of hours for Monday to Thursday being “5.00am to 1.30am”. Pursuant to s.586(a) of the Act, I accept that the reference to the spread of hours in clause 24.1(c) should be read as “5.00am to 5.30pm Monday to Thursday”.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] An undertaking has been given in relation to the dispute settlement procedure in the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 29 November 2013. The nominal expiry date of the Agreement is 30 October 2016.

COMMISSIONER

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APPENDIX A