ACO Pty Ltd

Case

[2023] FWCA 706

3 MARCH 2023


[2023] FWCA 706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ACO Pty Ltd

(AG2023/164)

ACO PTY LTD, AWU AND AMWU ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

COMMISSIONER P RYAN

SYDNEY, 3 MARCH 2023

Application for approval of the ACO Pty Ltd, AWU and AMWU Enterprise Agreement 2023

  1. ACO Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the ACO Pty Ltd, AWU and AMWU Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The Employer 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.

Sections 186, 187, 188 and 190

  1. 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.

Section 183 Bargaining Representatives

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australia Workers’ Union (AWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

  1. In accordance with s.201(2), I note that the Agreement covers the AMWU and the AWU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 10 March 2023. The nominal expiry date of the Agreement is 10 March 2026.

COMMISSIONER

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