ASC Pty Ltd
[2024] FWCA 1393
•22 APRIL 2024
| [2024] FWCA 1393 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ASC Pty Ltd
(AG2024/1121)
ASC PTY LTD (WESTERN AUSTRALIA) TRADE PLANNING ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER LIM | PERTH, 22 APRIL 2024 |
Application for approval of the ASC Pty Ltd (Western Australia) Trade Planning Enterprise Agreement 2023
ASC Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the ASC Pty Ltd (Western Australia) Trade Planning Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant 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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers known as the Australian Manufacturing Workers’ Union (AMWU) (the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declaration provided by the organisations, I note that the organisations are covered by the Agreement.
The Agreement was approved on 22 April 2024 and, in accordance with s 54, will operate from 29 April 2024. The nominal expiry date of the Agreement is 22 April 2028.
COMMISSIONER
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ANNEXURE A
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