Callidus Welding Solutions Pty Ltd
[2024] FWCA 750
•11 MARCH 2024
| [2024] FWCA 750 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Callidus Welding Solutions Pty Ltd
(AG2024/281)
CALLIDUS WELDING SOLUTIONS WORKSHOP ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER LIM | PERTH, 11 MARCH 2024 |
Application for approval of the Callidus Welding Solutions Workshop Enterprise Agreement 2024
Callidus Welding Solutions Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Callidus Welding Solutions Workshop Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (the Amending Act) made several changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the
Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was 16 May 2023.
The Applicant 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.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
I note that Clause 21 provides for an exhaustive list of circumstances in which compassionate leave can be taken, however this does not include circumstances of miscarriage or stillbirth in accordance with s 104(b)-(c) of the Act. Additionally, Clause 18.3 of the Agreement states that where an employee is required to work on public holiday, they will receive ordinary hours pay. This appears inconsistent with s 114(1) of the Act which states that employees are entitled to be absent on a public holiday. However, I am satisfied that under clause 3.3 of the Agreement, the more beneficial entitlements of the National Employment Standards (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 (the 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 11 March 2024 and, in accordance with s 54, will operate from 18 March 2024. The nominal expiry date of the Agreement is 11 March 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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