Etex Australia Pty Ltd

Case

[2022] FWCA 874

11 MARCH 2022


[2022] FWCA 874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Etex Australia Pty Ltd

(AG2022/464)

Etex Australia (Altona) Agreement 2021

Manufacturing and associated industries

COMMISSIONER WILSON

MELBOURNE, 11 MARCH 2022

Application for approval of the Etex Australia (Altona) Agreement 2021

  1. An application has been made for approval of an enterprise agreement known as the Etex Australia (Altona) Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Etex Australia Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. The Construction, Forestry, Maritime, 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) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2022. The nominal expiry date of the Agreement is 14 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515316  PR739257>

Annexure A

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