Gadaleta Steel Fabrication Pty Ltd
[2022] FWCA 3825
•31 OCTOBER 2022
| [2022] FWCA 3825 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Gadaleta Steel Fabrication Pty Ltd
(AG2022/4171)
Gadaleta Steel Fabrication Pty Ltd Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 31 OCTOBER 2022 |
Application for approval of the Gadaleta Steel Fabrication Pty Ltd Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Gadaleta Steel Fabrication Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Gadaleta Steel Fabrication Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The copy of the Agreement filed in the Commission contained a “Draft” watermark on each page. On 27 October 2022, the Employer filed an amended version of the Agreement correcting this error. The version of the Agreement is otherwise identical. I have determined to exercise my discretion under s 586(a) of the Act to accept the amendment to the Agreement on the basis that it removes the ambiguity created by the watermark.
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.
Subject to the undertakings 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.
Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 November 2022. The nominal expiry date of the Agreement is 7 November 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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