ASC Pty Ltd

[2025] FWCA 210

[2025] FWCA 210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ASC Pty Ltd

(AG2024/4542)

ASC PTY LTD (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 29 JANUARY 2025

Application for approval of the ASC Pty Ltd (South Australia) Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the ASC Pty Ltd (South Australia) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ASC Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). An amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers’ Union (AWU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU, the AMWU and the CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 5 February 2025. The nominal expiry date of the Agreement is 26 March 2028.

COMMISSIONER

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ANNEXURE A