BVAQ Pty Ltd
[2024] FWCA 1635
•3 MAY 2024
| [2024] FWCA 1635 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
BVAQ Pty Ltd
(AG2024/1074)
BVAQ ENTERPRISE AGREEMENT 2024
| Scientific services | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 3 MAY 2024 |
Application for approval of the BVAQ Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the BVAQ Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by BVAQ Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 18 December 2022 and the Agreement was made on 22 March 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]
The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings 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.
I observe that clause 35 and 28(j) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Manufacturing 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 and has advised the Commission that it supports the approval of the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 3 May 2024 and, in accordance with s.54, will operate from 10 May 2024. The nominal expiry date of the Agreement is 15 February 2027.
DEPUTY PRESIDENT
ANNEXURE A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
Printed by authority of the Commonwealth Government Printer
<AE524499 PR774484>
0
0
0