Altrad Services Pty Ltd T/A Altrad
[2024] FWCA 131
•11 JANUARY 2024
| [2024] FWCA 131 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Altrad Services Pty Ltd T/A Altrad
(AG2023/5262)
ALTRAD SERVICES PTY LTD ESSO ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 11 JANUARY 2024 |
Application for approval of the Altrad Services Pty Ltd Esso Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Altrad Services Pty Ltd Esso Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Altrad Services Pty Ltd T/A Altrad. 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.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.
The Applicant incorrectly completed and filed a Form F17B. The correct form for agreement applications with a notification date prior to 6 June 2023, and an agreement which
is made on or after 6 June 2023, is a Form F17A. Pursuant to s.586 of the Act, I am satisfied that the irregularity in the form should be waived and that it is appropriate to do so.
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.
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.
The Australian Workers' Union (AWU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The AWU and AMWU support approval of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2024. The nominal expiry date of the Agreement is 11 January 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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