Weston Aluminium (Manufacturing) Pty Ltd

[2013] FWCA 1538

[2013] FWCA 1538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Weston Aluminium (Manufacturing) Pty Ltd
(AG2013/480)

WESTON ALUMINIUM ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 13 MARCH 2013

Application for approval of the Weston Aluminium Enterprise Agreement 2013.

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

[2] The company has provided a written undertaking in relation to the notice to be provided to employees upon termination. Each of the employee bargaining representatives, including The Australian Workers’ Union (AWU), has provided written support for the undertaking.

[3] I am satisfied the undertaking meets my concern. In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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

[5] The AWU 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, will operate from 20 March 2013. The nominal expiry date is 20 February 2014.

COMMISSIONER

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