Eptec Pty Ltd

[2023] FWCA 2470

[2023] FWCA 2470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Eptec Pty Ltd

(AG2023/2584)

DEFENCE SOLUTIONS SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 8 AUGUST 2023

Application for approval of the Defence Solutions South Australia Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Defence Solutions South Australia Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Eptec Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 4 August 2023.

1. There is one National Employment Standard (NES) issue that requires comment:

·  Clause 8.7 sets out circumstances where an employee is deemed to have abandoned their employment but does not specify that an employee is entitled to payment of notice of termination in accordance with ss.117–123 of the Act.

1. Clause 7.1 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the clause 8.7 will not apply to the extent that it is inconsistent with the NES.

1. The Construction, Forestry, Mining and Energy 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. 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 14 August 2027.

COMMISSIONER

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