Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company
[2022] FWCA 3004
•31 AUGUST 2022
| [2022] FWCA 3004 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company
(AG2022/3541)
Wilson Transformer Company Distribution Business Unit Collective Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 31 AUGUST 2022 |
Application for approval of the Wilson Transformer Company Distribution Business Unit Collective Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Wilson Transformer Company Distribution Business Unit Collective Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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 them. In accordance with s.201(2) I note that the Agreement covers the organisations.
While the Agreement states it shall operate from 7 days after the date of “lodgement” with the Fair Work Commission, s.54(1)(a) of the Act relevantly states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is “approved”. The Agreement was approved on 31 August 2022 and, in accordance with s.54, will operate from 7 September 2022. The nominal expiry date of the Agreement is 1 November 2025.
DEPUTY PRESIDENT
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