Allegion (Australia) Pty Ltd T/A Allegion

[2023] FWCA 2497

[2023] FWCA 2497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Allegion (Australia) Pty Ltd T/A Allegion

(AG2023/2453)

ALLEGION (AUSTRALIA) PTY LTD - DC, LOCK ASSEMBLY & MERCHANDISING - ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 10 AUGUST 2023

Application for approval of the Allegion (Australia) Pty Ltd - DC, Lock Assembly & Merchandising - Enterprise Agreement 2023.

1. An application has been made for approval of an enterprise agreement known as the Allegion (Australia) Pty Ltd - DC, Lock Assembly & Merchandising - Enterprise Agreement 2023 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Allegion (Australia) Pty Ltd T/A Allegion (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers the AMWU.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title clause to that on the final Agreement that was made. The Applicant provided further information that this change of Agreement title did not alter the coverage of the Agreement in any way, nor did it alter the workforce or employees proposed to be covered by the Agreement. Therefore, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under section 174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by section 188(2) of the Act.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 August 2023. The nominal expiry date of the Agreement is 17 August 2026.

COMMISSIONER

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