FABSCO Pty Ltd

Case •

[2024] FWCA 1702

•

9 MAY 2024
[2024] FWCA 1702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

FABSCO Pty Ltd

(AG2024/1371)

FABSCO PTY LTD (DUOGLASS, KITCHEN CRAFTSMEN AND DOUBLE GLAZING WEST) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries

DEPUTY PRESIDENT BOYCE

SYDNEY, 9 MAY 2024

Application for approval of the Fabsco Pty Ltd (DuoGlass, Kitchen Craftsmen and Double Glazing West) Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement to be known as the Fabsco Pty Ltd (DuoGlass, Kitchen Craftsmen and Double Glazing West) Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by FABSCO Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

  1. The Employer has provided written undertakings dated 6 May 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks – Private Sector Award 2020, the Commercial Sales Award 2020 and the Joinery and Building Trades Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Model consultation term

  1. 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.

Conclusion

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2024. The nominal expiry date of the Agreement is 15 April 2028.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE524559  PR774675>

Annexure A

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