APV (Aust) Pty Ltd T/A Australian Pressure Vessel Heads

[2024] FWCA 3414

[2024] FWCA 3414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

APV (Aust) Pty Ltd T/A Australian Pressure Vessel Heads

(AG2024/2972)

AMWU AND AUSTRALIA PRESSURE VESSEL HEADS PTY LTD (2024) COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 1 OCTOBER 2024

Application for approval of the AMWU and AUSTRALIA PRESSURE VESSEL HEADS PTY LTD (2024) Collective Bargaining Workshop Agreement 2024

1. APV (Aust) Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the AMWU and AUSTRALIA PRESSURE VESSEL HEADS PTY LTD (2024) Collective Bargaining Workshop Agreement 2024 (the Agreement).

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 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 title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was not in the current form prescribed by the regulations. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. The copy of the Agreement lodged with the application contained several errors as follows:

• Clause 4.2 of the Agreement stated that its nominal expiry date was 16 February 2024. The Applicant submitted that the intended nominal expiry date was 16 February 2027.

• Appendix 1 of the Agreement provides a pay rate table, which did not include rates of pay for C8 and C9 classifications under the Agreement.

1. The Employer provided an updated copy of the Agreement which addressed the above issues. I am satisfied that each of the above constituted an obvious error, defect or irregularity and I will amend the Agreement accordingly, pursuant to s.218A of the Act.

1. The Agreement is silent on rates of pay for trainees. The Employer submitted that it does not presently engage trainees and provided an undertaking that any trainees employed under the Agreement will be paid at least 25% above the minimum rates of pay as prescribed for the relevant classification in the Manufacturing and Associated Industries and Occupations Award 2020 (the Award).

1. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2024. The nominal expiry date of the Agreement is 16 February 2027.

COMMISSIONER

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Annexure A