B&D Australia Pty Ltd T/A B&D Australia Pty Ltd

Case

[2023] FWCA 2252

20 JULY 2023


[2023] FWCA 2252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

B&D Australia Pty Ltd T/A B&D Australia Pty Ltd

(AG2023/2326)

APPLICATION FOR APPROVAL OF THE B&D AUSTRALIA PTY LTD ENTERPRISE AGREEMENT (REVESBY MAINTENANCE) 2023

Manufacturing and associated industries

COMMISSIONER JOHNS

MELBOURNE, 20 JULY 2023

Application for approval of the B&D Australia Pty Ltd Enterprise Agreement (Revesby Maintenance) 2023

  1. An application has been made for approval of an enterprise agreement known as the B&D AUSTRALIA PTY LTD ENTERPRISE AGREEMENT (REVESBY MAINTENANCE) 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B&D Australia Pty Ltd T/A B&D Australia Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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) 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 27 July 2023. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

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