Austate Enterprises Pty Ltd T/A Austate Services

Case

[2023] FWCA 1706

13 JUNE 2023


[2023] FWCA 1706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austate Enterprises Pty Ltd T/A Austate Services

(AG2023/1661)

AUSTATE SERVICES ENTERPRISE AGREEMENT 2023

Vehicle industry

DEPUTY PRESIDENT DEAN

CANBERRA, 13 JUNE 2023

Application for approval of the Austate Services Enterprise Agreement 2023.

  1. An application has been made for approval of an enterprise agreement known as the Austate Services Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austate Enterprises Pty Ltd T/A Austate Services (Employer). The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. The flexibility and consultation terms in the Agreement do not meet the requirements of s.203(3) and s.205(1A) of the Act. Pursuant to s.202(4) and s.205(2) of the Act, the model flexibility and consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

  2. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2023. The nominal expiry date of the Agreement is 12 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520323  PR762999>

Annexure A

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