Fernhurst Pty Ltd
[2024] FWCA 2434
•1 JULY 2024
| [2024] FWCA 2434 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fernhurst Pty Ltd
(AG2024/2127)
FERNHURST 2024-2028 EBA
| Road transport industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 1 JULY 2024 |
Application for approval of the Fernhurst 2024-2028 EBA.
An application has been made for approval of an enterprise agreement known as the Fernhurst 2024-2028 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Fernhurst Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 24 April 2024 and the Agreement was made on 7 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A as are relevant to this application for approval have been met.
The Agreement was approved on 1 July 2024 and, in accordance with s.54 of the Act, will operate from 8 July 2024. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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