F.I.P Pty Ltd T/A F.I.P Brakes International

[2020] FWCA 7017

[2020] FWCA 7017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

F.I.P Pty Ltd T/A F.I.P Brakes International
(AG2020/3591)

F.I.P ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 DECEMBER 2020

Application for approval of the F.I.P. Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the F.I.P. Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by F.I.P Pty Ltd T/A F.I.P Brakes International. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] An outdated form of Notice of Employee Representational Rights (NERR) has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 24.4 – Notice of Termination; and

•  Clause 27.5 – Redundancy.

However, noting the undertaking given by the employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2020. The nominal expiry date of the Agreement is 29 December 2023.

COMMISSIONER

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Annexure A