Furnace Solutions Pty Ltd

[2021] FWCA 2975

[2021] FWCA 2975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Furnace Solutions Pty Ltd
(AG2021/4965)

FURNACE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 31 MAY 2021

Application for approval of the Furnace Solutions Pty Ltd Enterprise Agreement 2021.

[1] Furnace Solutions Pty Ltd has applied for approval of a single enterprise agreement known as the Furnace Solutions Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met. Further information and evidence was provided in response.

[3] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views and none opposed.

[4] Noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and related materials, 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.

[6] The Agreement was approved on 31 May 2021 and, in accordance with s.54, will operate from 7 June 2021. The nominal expiry date of the Agreement is 31 May 2025.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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<AE511585  PR730120>