Austunnel (Vic) Pty Ltd
[2024] FWCA 2560
•10 JULY 2024
| [2024] FWCA 2560 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Austunnel (Vic) Pty Ltd
(AG2024/2355)
AMWU AND AUSTUNNEL (VIC) PTY LTD METAL ENGINEERING NORTH EAST LINK PROJECT AGREEMENT 2023 – 2026
| Building, metal and civil construction industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 10 JULY 2024 |
Application for approval of the AMWU and Austunnel (VIC) Pty Ltd Metal Engineering North East Link Project Agreement 2023 – 2026.
Austunnel (Vic) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the AMWU and Austunnel (VIC) Pty Ltd Metal Engineering North East Link Project Agreement 2023 – 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 13 May 2024 and the Agreement was made on 13 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 10 July 2024 and, in accordance with s.54 of the FW Act, will operate from 17 July 2024. The nominal expiry date of the Agreement is 1 July 2026.
COMMISSIONER
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