Assa Abloy Entrance Systems Australia Pty Limited
[2022] FWCA 1945
•16 JUNE 2022
| [2022] FWCA 1945 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Assa Abloy Entrance Systems Australia Pty Limited
(AG2022/1616)
Assa Abloy Entrance Systems HPDS Victorian Service Techs Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 16 JUNE 2022 |
Application for approval of the Assa Abloy Entrance Systems HPDS Victorian Service Techs Enterprise Agreement 2022
Assa Abloy Entrance Systems Australia Pty Limited (company) has made an application for approval of an enterprise agreement known as the Assa Abloy Entrance Systems HPDS Victorian Service Techs Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Clause 1 of the Agreement provides that the title of the Agreement is the Assa Abloy Entrance Systems Enterprise Agreement 2022. I note that on 16 June 2022 the company wrote to my chambers advising that clause 1 contains a typographical error and that the correct title is the title referred to at [1].
The employer has provided a written undertaking, a copy of which 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 it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.
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 ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
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) and based on its declaration, I note that the Agreement covers the AMWU.
The Agreement was approved on 16 June 2022 and, in accordance with s 54, will operate from 23 June 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
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Annexure A
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