Abbe NSW Pty Ltd T/A Abbe NSW Pty Ltd
[2024] FWCA 1022
•21 MARCH 2024
| [2024] FWCA 1022 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Abbe NSW Pty Ltd T/A Abbe NSW Pty Ltd
(AG2024/505)
ABBE NSW PTY LTD ENTERPRISE AGREEMENT 2024
| Graphic Arts | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 21 MARCH 2024 |
Application for approval of the Abbe NSW Pty Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Abbe NSW Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abbe NSW Pty Ltd T/A Abbe NSW Pty Ltd. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 15 December 2023 and the Agreement was made on 19 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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. The undertakings are taken to be a term of the agreement.
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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2024. The nominal expiry date of the Agreement is 31 March 2028.
DEPUTY PRESIDENT
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Annexure A
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