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

[2021] FWCA 5802

[2021] FWCA 5802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APV (Aust) Pty Ltd T/A Australian Pressure Vessel Heads
(AG2021/7002)

AMWU AND AUSTRALIA PRESSURE VESSEL HEADS PTY LTD (2021) COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 13 SEPTEMBER 2021

Application for approval of the AMWU and AUSTRALIA PRESSURE VESSEL HEADS PTY LTD (2021) Collective Bargaining Workshop Agreement 2021

[1] APV (Aust) Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the AMWU and AUSTRALIA PRESSURE VESSEL HEADS PTY LTD (2021) Collective Bargaining Workshop Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 September 2021.

[3] On 7 September 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  Chambers sought additional information on the provision of incorporated material and agreement explanation.

•  The redundancy clause in Appendix 2 may be inconsistent with the National Employment Standards (NES) however the NES precedence term at clause 5.9 is deemed to resolve the NES inconsistency.

•  Chambers sought clarification regarding better off overall concerns with respect to trainees which were addressed via submissions.

[4] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 1 September 2021.

[5] 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) of the Act I note that the Agreement covers this organisation.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 16 February 2024.

COMMISSIONER

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