Workplace IR Services

[2017] FWCA 2561

[2017] FWCA 2561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workplace IR Services
(AG2017/569)

DE NEEFE SIGNS MELBOURNE MANUFACTURING/PRODUCTION EMPLOYEES, ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 JUNE 2017

Application for approval of the De Neefe Signs Melbourne Manufacturing/Production Employees, Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the De Neefe Signs Melbourne Manufacturing/Production Employees, Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workplace IR Services. 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] Mr David Ward, employee bargaining representative, wrote to the Commission on 10 May 2017 raising his concerns with the Agreement. On 31 May 2017, a conference was held during which the parties made submissions addressing Mr Ward’s concerns.

[4] I have considered the submissions of the parties and subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] 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.

[6] The Agreement was approved on 2 June 2017 and, in accordance with s.54, will operate from 9 June 2017. The nominal expiry date of the Agreement is 9 June 2020.

COMMISSIONER

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Annexure A