APTS Pty Ltd

[2022] FWCA 1161

[2022] FWCA 1161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

APTS Pty Ltd

(AG2022/685)

APTS Pty Ltd Workshop Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 APRIL 2022

Application for approval of the APTS Pty Ltd Workshop Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement to be known as the APTS Pty Ltd Workshop Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by APTS Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

1. The Employer has provided written undertakings dated 22 March 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Model flexibility term

1. 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.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2022. The nominal expiry date of the Agreement is 8 April 2026.

DEPUTY PRESIDENT

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Annexure A