WorkPac Pty Ltd

[2018] FWCA 5572

[2018] FWCA 5572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WorkPac Pty Ltd
(AG2018/2320)

WORKPAC PTY LTD - SUBMARINES - SOUTH AUSTRALIA AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the WorkPac Pty Ltd - Submarines - South Australia Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the WorkPac Pty Ltd - Submarines - South Australia Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WorkPac Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 5 September 2018 and, in accordance with s.54, will operate from 12 September 2018. The nominal expiry date of the Agreement is 24 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A