Wilmar BioEthanol (Australia) Pty Ltd T/A Wilmar BioEthanol (Australia)

[2015] FWCA 2432

[2015] FWCA 2432 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilmar BioEthanol (Australia) Pty Ltd T/A Wilmar BioEthanol (Australia)
(AG2015/362)

YARRAVILLE BIOETHANOL SITE ENTERPRISE AGREEMENT 2014

Sugar industry
COMMISSIONER LEWIN	MELBOURNE, 16 APRIL 2015

Application for approval of the Yarraville BioEthanol Site Enterprise Agreement 2014.

[1] On 24 February 2015, Wilmar BioEthanol (Australia) Pty Ltd (Applicant) made an application for approval of the Yarraville BioEthanol Site Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.
[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU) have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 April 2015. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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<Price code A, AE413449  PR562890>

ANNEXURE A