APV Safety Products Pty Ltd
[2022] FWCA 2530
•2 AUGUST 2022
| [2022] FWCA 2530 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
APV Safety Products Pty Ltd
(AG2022/2358)
APV Safety Products Pty Ltd Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 2 AUGUST 2022 |
Application for approval of the APV Safety Products Pty Ltd Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the APV Safety Products Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by APV Safety Products Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings 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.
I note that Clause 14.2.1 is inconsistent with the National Employment Standards. The Applicant has addressed this as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2022. The nominal expiry date of the Agreement is 1 August 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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