Enermech Pty Ltd

[2024] FWCA 3401

[2024] FWCA 3401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Enermech Pty Ltd

(AG2024/3085)

ENERMECH PTY LIMITED QLD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 27 SEPTEMBER 2024

Application for approval of the EnerMech Pty Limited QLD Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the EnerMech Pty Limited QLD Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Enermech Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Hydrocarbons Industry (Upstream) Award 2020 and Manufacturing and Associated Industries and Occupations Award 2020 respectively, are taken to be a term of the Agreement.

1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES): 

• deductions on termination - clause 7.7

1. However, noting clause 2.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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