AA Gaskets Pty Ltd

[2020] FWCA 5830

[2020] FWCA 5830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AA Gaskets Pty Ltd
(AG2020/2951)

AA GASKETS PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 30 OCTOBER 2020

Application for approval of the AA Gaskets Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AA Gaskets Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AA Gaskets Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at clause 23.3. On 20 October 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 30 October 2020 and, in accordance with s.54, will operate from 6 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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<AE509411  PR724148>

Annexure A: