Bundaberg Walkers Engineering Ltd
[2022] FWCA 101
•14 JANUARY 2022
| [2022] FWCA 101 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bundaberg Walkers Engineering Ltd
(AG2021/9074)
Bundaberg Walkers Engineering Ltd Enterprise Agreement 2021
| Manufacturing and associated industries | |
| COMMISSIONER HUNT | BRISBANE, 14 JANUARY 2022 |
Application for approval of the Bundaberg Walkers Engineering Ltd Enterprise Agreement 2021
Bundaberg Walkers Engineering Ltd (the Employer) has applied for approval of an enterprise agreement known as the Bundaberg Walkers Engineering Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
Clause 24 of the Agreement provides that: “The model flexibility term from schedule 2.2 of the Act applies.” Pursuant to this Clause, and s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 to the Fair Work Regulations 2009 is attached to the Agreement and is taken to be a term of it.
I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
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 AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2022. The nominal expiry date of the Agreement is 14 January 2025.
COMMISSIONER
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