Even Engineering Pty Ltd
[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.
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).
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.
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.
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.
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).
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.
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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