AA Gaskets Pty Ltd
[2023] FWCA 3200
•4 OCTOBER 2023
| [2023] FWCA 3200 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
AA Gaskets Pty Ltd
(AG2023/3195)
AA GASKETS PTY LTD ENTERPRISE AGREEMENT 2023
| Vehicle industry | |
| COMMISSIONER MATHESON | SYDNEY, 4 OCTOBER 2023 |
Application for approval of the AA Gaskets Pty Ltd Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the AA Gaskets Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made by AA Gaskets Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The notification time for the Agreement was 8 May 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in relation to genuine agreement in force immediately prior to 6 June 2023.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to the application for approval of the Agreement have been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2023. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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