Even Engineering Pty Ltd

Case

[2024] FWCA 814

5 MARCH 2024


[2024] FWCA 814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Even Engineering Pty Ltd

(AG2024/352)

AMWU AND EVEN ENGINEERING PTY LTD METALS LABOUR HIRE AGREEMENT 2023-2026

Manufacturing and associated industries

DEPUTY PRESIDENT MILLHOUSE

MELBOURNE, 5 MARCH 2024

Application for approval of the AMWU and EVEN ENGINEERING PTY LTD Metals Labour Hire Agreement 2023-2026.

  1. An application has been made for approval of a greenfields agreement known as the AMWU and EVEN ENGINEERING PTY LTD Metals Labour Hire Agreement 2023-2026 (Agreement). The application was made by Even Engineering Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act).

  1. This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

  1. The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The Agreement also does not contain a model consultation term compliant with the Act. Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. In accordance with s 187(5)(a) of the Act, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement as required by s 187(5)(b).

  1. Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 March 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

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