Alimak Group Australia Pty Ltd
[2021] FWCA 6247
•13 OCTOBER 2021
| [2021] FWCA 6247 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Alimak Group Australia Pty Ltd
(AG2021/6571)
ALIMAK GROUP AUSTRALIA PTY LTD ENGINEERING AND MANUFACTURING EMPLOYEES COLLECTIVE AGREEMENT 22021-2025 (WORKSHOPS)
Manufacturing and associated industries | |
COMMISSIONER SIMPSON | BRISBANE, 13 OCTOBER 2021 |
Application for approval of the Alimak Group Australia Pty Ltd Engineering and Manufacturing Employees Collective Agreement 22021-2025 (Workshops)
[1] An application has been made for approval of an enterprise agreement known as the Alimak Group Australia Pty Ltd Engineering and Manufacturing Employees Collective Agreement 22021-2025 (Workshops) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alimak Group Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. 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.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be terms of the Agreement.
[5] Noting the Undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved. Despite clause 2.1, the Agreement will operate in accordance with s.54 of the Act.
COMMISSIONER
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