Bryan Industries Pty Ltd

Case

[2023] FWCA 95

11 JANUARY 2023


[2023] FWCA 95

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bryan Industries Pty Ltd

(AG2023/56)

BRYAN INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries

COMMISSIONER SPENCER

BRISBANE, 11 JANUARY 2023

Application for approval of the Bryan Industries Pty Ltd Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Bryan Industries Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bryan Industries Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

  1. The application was not lodged within 14 days after the Agreement was made. The Employer provided an explanation for the late lodgement. On the basis of this explanation, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

  1. 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) 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 18 January 2023. The nominal expiry date of the Agreement is 11 January 2026.

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