Aerison Services Pty Ltd T/A Aerison

[2021] FWCA 6264

[2021] FWCA 6264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aerison Services Pty Ltd T/A Aerison
(AG2021/7575)

AERISON SERVICES PTY LTD WESTERN AUSTRALIAN WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 OCTOBER 2021

Application for approval of the Aerison Services Pty Ltd Western Australian Workshop Employees Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Aerison Services Pty Ltd Western Australian Workshop Employees Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aerison Services Pty Ltd T/A Aerison. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 17.2 - Annual Leave

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2021. The nominal expiry date of the Agreement is 12 October 2025.

COMMISSIONER

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Annexure A