Fast Fix Steelfixing Services Pty Ltd T/A Fast Fix Steelfixing Services (Vic) Pty Ltd

[2023] FWCA 962

[2023] FWCA 962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fast Fix Steelfixing Services Pty Ltd T/A Fast Fix Steelfixing Services (Vic) Pty Ltd

(AG2023/752)

FAST FIX STEELFIXING SERVICES PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 31 MARCH 2023

Application for approval of the Fast Fix Steelfixing Services Pty Ltd & The Australian Workers’ Union Agreement 2023.

1. An application has been made for approval of a greenfields agreement known as the Fast Fix Steelfixing Services Pty Ltd & The Australian Workers’ Union Agreement 2023 (the Agreement). The application was made by Fast Fix Steelfixing Services Pty Ltd T/A Fast Fix Steelfixing Services (Vic) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

1. The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act, as are relevant to this application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the AWU) 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.

1. I observe that clause 48.1 of the Agreement is likely to be inconsistent with the National Employment Standards.

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

1. The Agreement was approved on 31 March 2023 and, in accordance with s.54 of the Act, will operate from 7 April 2023. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

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