Fullarton Engineering Pty Ltd T/A F E Welding Installations

[2024] FWCA 2093

[2024] FWCA 2093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fullarton Engineering Pty Ltd T/A F E Welding Installations

(AG2024/1684)

AMWU & FE WELDING INSTALLATIONS METAL AND ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 6 JUNE 2024

Application for approval of the AMWU & FE Welding Installations Metal and Engineering On-Site Construction Agreement 2023 - 2026

1. Fullarton Engineering Pty Ltd T/A F E Welding Installations has applied for approval of an enterprise agreement known as the AMWU & FE Welding Installations Metal and Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. I note that Clause 41 is inconsistent with the National Employment Standards as the rate of personal leave accrual under the Agreement may be more restrictive than what is provided by s 96(2) of the Act, which states an employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service according to the employee’s ordinary hours of work. Given the National Employment Standards precedence clause at Clause 7.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 June 2024.

1. In accordance with Clause 6.2, the nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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