Caterpillar of Australia Pty Ltd

[2022] FWCA 4006

[2022] FWCA 4006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Caterpillar of Australia Pty Ltd

(AG2022/4508)

Caterpillar of Australia Pty Ltd Melbourne Distribution Centre and United Workers Union Enterprise Agreement 2022

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COMMISSIONER MIRABELLA	MELBOURNE, 16 NOVEMBER 2022

Application for approval of the Caterpillar of Australia Pty Ltd Melbourne Distribution Centre and United Workers Union Enterprise Agreement 2022.

1. Caterpillar of Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Caterpillar of Australia Pty Ltd Melbourne Distribution Centre and United Workers Union Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The United 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. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 16 November 2022 and, in accordance with s.54, will operate from 23 November 2022. The nominal expiry date of the Agreement is 24 June 2026.

COMMISSIONER

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<AE518185  PR747969>

Annexure A