Coates Hire Operations Pty Ltd T/A Coates
[2022] FWCA 498
•15 FEBRUARY 2022
| [2022] FWCA 498 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Coates Hire Operations Pty Ltd T/A Coates
(AG2021/9307)
Coates Hire Operations Pty Limited National Agreement 2021
| Manufacturing and associated industries | |
| COMMISSIONER O'NEILL | MELBOURNE, 15 FEBRUARY 2022 |
Application for approval of the Coates Hire Operations Pty Limited National Agreement 2021
Coates Hire Operations Pty Ltd has applied for approval of an enterprise agreement known as the Coates Hire Operations Pty Limited National Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Agreement lodged contained an error at Appendix C where classifications C7-C14 were inadvertently copied into the Agreement in the wrong order, although the rates of pay are accurate. The Employer filed an amended Appendix C on 9 February 2022. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.
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. 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.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
I observe that clause 37 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.9 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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Annexure A
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