Elster Metering Pty Ltd T/A Elster Metering
[2024] FWCA 2578
•18 JULY 2024
| [2024] FWCA 2578 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Elster Metering Pty Ltd T/A Elster Metering
(AG2024/2369)
ELSTER METERING PTY LTD AND AWU ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 18 JULY 2024 |
Application for approval of the Elster Metering Pty Ltd and AWU Enterprise Agreement 2024.
Elster Metering Pty Ltd T/A Elster Metering (the Employer) has made an application for approval of an enterprise agreement known as the Elster Metering Pty Ltd and AWU 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 29 February 2024 and the Agreement was made on 13 June 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.
I observe that clause 18 of the Agreement regarding compassionate leave is likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 8(b)(ii), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 18 July 2024 and, in accordance with s.54, will operate from 25 July 2024. The nominal expiry date of the Agreement is 1 June 2027.
COMMISSIONER
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