Elphinstone Enterprises Pty Ltd T/A Elphinstone Enterprise Pty Ltd
[2023] FWCA 1406
•16 MAY 2023
| [2023] FWCA 1406 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Elphinstone Enterprises Pty Ltd T/A Elphinstone Enterprise Pty Ltd
(AG2023/1102)
ELPHINSTONE ENTERPRISES BARGAINING AGREEMENT 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 16 MAY 2023 |
Application for approval of the Elphinstone Enterprises Bargaining Agreement 2022
An application has been made for approval of an enterprise agreement known as the Elphinstone Enterprises Bargaining Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Elphinstone Enterprises Pty Ltd T/A Elphinstone Enterprise Pty Ltd (Employer). The Agreement is a single-enterprise agreement.
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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances and having regard to the submissions made, I consider it fair to extend the time for making the application to the date it was actually made.
Clause 22 of the Agreement, which does not include requirements for leave relating to stillbirth and miscarriage as provided in s 104 of the Act, appears to be inconsistent with the National Employment Standards (NES). However, having regard to item 1 of the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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 that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 May 2023. The nominal expiry date of the Agreement is 1 July 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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