Emerson Automation Solutions Final Control Australia Pty Ltd T/A Emerson

[2021] FWCA 6884

[2021] FWCA 6884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emerson Automation Solutions Final Control Australia Pty Ltd T/A Emerson
(AG2021/8473)

EMERSON GLADSTONE WORKSHOP ENTERPRISE AGREEMENT 2021 - 2024

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 NOVEMBER 2021

Application for approval of the Emerson Gladstone Workshop Enterprise Agreement 2021 – 2024.

[1] Emerson Automation Solutions Final Control Australia Pty Ltd T/A Emerson (the Applicant) has made an application for approval of an enterprise agreement known as the Emerson Gladstone Workshop Enterprise Agreement 2021 – 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 26 November 2021.

[3] On 26 November 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  Chambers sought additional information regarding agreement pre-approval requirements, specifically the provision of the NERR and voting details to employees covered by the Agreement.

•  The parties were notified that should the Agreement be approved, the agreement commencement date will be seven days after approval by the Fair Work Commission pursuant to s.54(1) of the Act as opposed to the commencement date contained at clause 5.1 of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2024.

COMMISSIONER

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