Action Steel Pty Ltd
[2024] FWCA 2762
•29 JULY 2024
| [2024] FWCA 2762 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Action Steel Pty Ltd
(AG2024/2380)
ACTION STEEL PTY LTD ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 29 JULY 2024 |
Application for approval of the Action Steel Pty Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Action Steel 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 Action Steel Pty Ltd (the Employer). The Agreement is a single enterprise agreement.
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, 193 and 193A that 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clause 11.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and in accordance with s.54, will operate from 5 August 2024. The nominal expiry date of the Agreement is 29 July 2028.
COMMISSIONER
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Annexure A
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