Davey Water Products
[2024] FWCA 3176
•13 SEPTEMBER 2024
| [2024] FWCA 3176 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Davey Water Products
(AG2024/3042)
DAVEY WATER PRODUCTS PTY LTD PRODUCTION ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 13 SEPTEMBER 2024 |
Application for approval of the Davey Water Products Pty Ltd Production Enterprise Agreement 2024.
Davey Water Products (the Employer) has made an application for approval of an enterprise agreement known as the Davey Water Products Pty Ltd Production Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 7 March 2024 and the Agreement was made on 30 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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 and 188, as are relevant to this application for approval, has been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2), and based on the declarations provided by these organisations, I note that the Agreement covers these organisations.
The Agreement was approved on 13 September 2024 and, in accordance with s.54 of the FW Act, will operate from 20 September 2024. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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