Coffey Testing Pty Ltd

Case

[2023] FWCA 449

13 FEBRUARY 2023


[2023] FWCA 449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coffey Testing Pty Ltd

(AG2023/4)

Coffey Materials Testing Services Agreement 2022 – 2026

Manufacturing and associated industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 13 FEBRUARY 2023

Application for approval of the Coffey Materials Testing Services Agreement 2022 – 2026

  1. Coffey Testing Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Coffey Materials Testing Services Agreement 2022 – 2026 (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 written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

  1. Subject to the undertakings 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 ss 186, 187, 188 and 190 as are relevant to this application for approval has 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. The Agreement was approved on 13 February 2023 and, in accordance with s 54, it will operate from 20 February 2023. The nominal expiry date of the Agreement is 13 February 2027.

DEPUTY PRESIDENT
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Annexure A

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