Andrew Bohnen T/A Metso Outotec Australia Limited

[2023] FWCA 1513

[2023] FWCA 1513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Andrew Bohnen T/A Metso Outotec Australia Limited

(AG2023/1370)

METSO OUTOTEC AUSTRALIA LIMITED (CANNING VALE MAINTENANCE DIVISION) AND AMWU ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 29 MAY 2023

Application for approval of the "Metso Outotec Australia Limited (Canning Vale Maintenance Division) and AMWU Enterprise Agreement 2023"

1. An application has been made for approval of an enterprise agreement known as the “Metso Outotec Australia Limited (Canning Vale Maintenance Division) and AMWU 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 Andrew Bohnen T/A Metso Outotec Australia Limited. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that provisions of the Agreement relating to withholding money and abandonment of employment are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 10.1 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. The Australian Manufacturing Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 5 June 2023. The nominal expiry date of the Agreement is 29 May 2026.

COMMISSIONER

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