Australian Aluminium Finishing Pty Ltd
[2024] FWCA 3359
•24 SEPTEMBER 2024
| [2024] FWCA 3359 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Aluminium Finishing Pty Ltd
(AG2024/3321)
AUSTRALIAN ALUMINIUM FINISHING DANDENONG ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 24 SEPTEMBER 2024 |
Application for approval of the Australian Aluminium Finishing Dandenong Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Australian Aluminium Finishing Dandenong 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 Australian Aluminium Finishing Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Australian 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) I note that the Agreement covers the organisation.
I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):
· Clause 21.1.
However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement does not contain a comprehensive delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2024. The nominal expiry date of the Agreement is 20 June 2026.
DEPUTY PRESIDENT
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