Chevron Glass Pty Ltd
[2024] FWCA 3626
•18 OCTOBER 2024
| [2024] FWCA 3626 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Chevron Glass Pty Ltd
(AG2024/3183)
| Manufacturing and associated industries | |
| COMMISSIONER THORNTON | ADELAIDE, 18 OCTOBER 2024 |
Application for approval of the Chevron Glass Pty Ltd Melrose Park Collective Bargaining Agreement 2024
An application has been made for approval of an enterprise agreement known as the Chevron Glass Pty Ltd Melrose Park Collective Bargaining Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chevron Glass Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The copy of the Agreement filed with the application contained a signature page that did not meet the requirements under s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). An amended signature page was later provided to the Commission that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to amend the Agreement pursuant to s.586 of the Act to allow for the amended signature page to be inserted.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided and clause 1.5.4, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.
The Agreement is approved and will operate in accordance with s.54 of the Act from 25 October 2024. The nominal expiry date of the Agreement is 18 October 2027.
COMMISSIONER
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