BPW Transpec Pty Ltd
[2023] FWCA 116
•17 JANUARY 2023
| [2023] FWCA 116 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
BPW Transpec Pty Ltd
(AG2022/5326)
BPW TRANSPEC PTY LTD ENTERPRISE AGREEMENT 2023
| Vehicle industry | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 17 JANUARY 2023 |
Application for approval of the BPW Transpec Pty Ltd Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the BPW Transpec Pty Ltd 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 BPW Transpec Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
Subject to the undertaking 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the provided undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.
The Agreement was approved on 17 January 2023 and, in accordance with s.54, will operate from 24 January 2023. The nominal expiry date of the Agreement is 31 December 2023.
COMMISSIONER
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Annexure A
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