Club Assist Pty Ltd as trustee for the Battery Assist Unit Trust

[2020] FWCA 4039

[2020] FWCA 4039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Club Assist Pty Ltd as trustee for the Battery Assist Unit Trust
(AG2020/1902)

CLUB ASSIST PTY LTD NSW/ACT ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 6 AUGUST 2020

Application for approval of the Club Assist Pty Ltd NSW/ACT Enterprise Agreement 2019.

[1] Club Assist Pty Ltd has applied for approval of a single enterprise agreement known as the Club Assist Pty Ltd NSW/ACT Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met and the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Club Assist Pty Ltd sought to correct errors in the original application, by filing an amended application. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 6 August 2020 and, in accordance with s.54, will operate from 13 August 2020. The nominal expiry date of the Agreement is 13 August 2023.

DEPUTY PRESIDENT

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Annexure A