Autex Australia Pty Ltd

[2023] FWCA 2221

[2023] FWCA 2221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Autex Australia Pty Ltd

(AG2023/2018)

AUTEX AUSTRALIA PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023 - 2026

Textile industry
COMMISSIONER MATHESON	SYDNEY, 18 JULY 2023

Application for approval of the Autex Australia Pty Ltd and United Workers Union Enterprise Agreement 2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the Autex Australia Pty Ltd and United Workers Union Enterprise Agreement 2023-2026 (Agreement). The application was made by Autex Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. An error was made in the application in that it stated the name of the Agreement as the ‘Autex Australia and United Workers Union Enterprise Agreement 2023-2026’. The Applicant confirmed that the correct name of the Agreement is ‘Autex Australia Pty Ltd and United Workers Union Enterprise Agreement 2023-2026’. Pursuant to s.586 of the Act, I allow the correction to the application so that it reflects the correct name of the Agreement as confirmed by the Applicant and reflected in clause 1 of the Agreement.

1. Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A indicates that the notification time for the Agreement was 5 April 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force immediately prior to the commencement of the amendments.

1. The Form F17A filed with the application indicates that the Agreement was made on 8 June 2023. As the agreement was made on a date on or after 6 June 2023 recent changes to the Act made in relation to the better off overall test apply to the application.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The United 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) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

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Annexure A