AIO Pty Ltd T/A AIO Engineering

[2022] FWCA 770

[2022] FWCA 770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AIO Pty Ltd T/A AIO Engineering

(AG2022/232)

AIO Engineering Pty Ltd / ETU / AMWU / Car Stackers Construction & Service Employees Enterprise Agreement 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 MARCH 2022

Application for approval of the AIO Engineering Pty Ltd / ETU / AMWU Car / Stackers Construction & Service Employees Enterprise Agreement 2019-2022

1. AIO Pty Ltd T/A AIO Engineering (the Employer) has made an application for approval of a greenfields agreement known as the AIO Engineering Pty Ltd / ETU / AMWU Car / Stackers Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

1. This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.

1. I observe that clauses 27.3 and 27.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 18.3 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.

1. Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

1. The Agreement was approved on 4 March 2022 and, in accordance with s 54, will operate from 11 March 2022. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE515217  PR738994>

Annexure A