Frosts Security Locksmiths Pty Ltd

[2021] FWCA 813

[2021] FWCA 813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frosts Security Locksmiths Pty Ltd
(AG2021/180)

FROST SECURITY LOCKSMITHS PTY LTD WORKPLACE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 16 FEBRUARY 2021

Application for approval of the Frost Security Locksmiths Pty Ltd Workplace Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Frost Security Locksmiths Pty Ltd Workplace Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Frosts Security Locksmiths Pty Ltd. 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 undertaking 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] The consultation term contained in clause 31 of the Agreement does not comply with the requirements of s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement contained a typographical error at clause 22 and the Applicant has filed an amended Agreement page rectifying the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2021. The nominal expiry date of the Agreement is 15 February 2025.

DEPUTY PRESIDENT

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Annexure A