ARA Manufacture Pty Ltd
[2022] FWCA 3474
•7 OCTOBER 2022
| [2022] FWCA 3474 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ARA Manufacture Pty Ltd
(AG2022/4078)
ARA Manufacture Pty Ltd (Derrimut) CBros Physical Security Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 7 OCTOBER 2022 |
Application for approval of the ARA Manufacture Pty Ltd (Derrimut) CBros Physical Security Enterprise Agreement 2022.
ARA Manufacture Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the ARA Manufacture Pty Ltd (Derrimut) CBros Physical Security Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. 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.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 7 October 2022 and, in accordance with s.54, will operate from 14 October 2022. The nominal expiry date of the Agreement is 1 February 2025.
COMMISSIONER
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Annexure A
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