Actron Engineering Pty Ltd T/A Actronair
[2023] FWCA 4110
•5 DECEMBER 2023
[2023] FWCA 4110
The attached document replaces the document previously issued with the above code on 5 December 2023.
The title has been corrected to reflect the title clause in the Agreement.
Associate to Deputy President Grayson
Dated 31 July 2024
| [2023] FWCA 4110 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Actron Engineering Pty Ltd T/A Actronair
(AG2023/4280)
ACTRON ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 5 DECEMBER 2023 |
Application for approval of the Actron Engineering Pty Ltd Enterprise Agreement 2023
Actron Engineering Pty Ltd T/A Actronair (the Employer) has made an application for approval of an enterprise agreement known as the Actron Engineering Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 10 August 2023, and the Agreement was made on 1 November 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Flexibility term
The flexibility clause contained at clause 8 of the Agreement does not meet the requirements of s.203 of the Act.
On 30 November 2023, the Employer wrote to the Fair Work Commission stating that it was content for clause 8 of the Agreement to be replaced with the model flexibility term prescribed at Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations).
Accordingly, the model flexibility term at Schedule 2.2 of the Regulations will be taken to be a term of the Agreement, pursuant to s.202(4) of the Act. A copy of the model flexibility term is attached at Annexure A of this decision.
Sections 186, 187 and 188
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 is approved and, in accordance with s.54 of the Act, will operate from 12 December 2023. The nominal expiry date of the Agreement is 12 December 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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