Galintel Pty Ltd T/A Galintel Pty Ltd

[2023] FWCA 3139

[2023] FWCA 3139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Galintel Pty Ltd T/A Galintel Pty Ltd

(AG2023/3270)

GALINTEL COFFS HARBOUR ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 29 SEPTEMBER 2023

Application for approval of the Galintel Coffs Harbour Enterprise Agreement 2023

1. Galintel Pty Ltd has made an application for the approval of an enterprise agreement known as the Galintel Coffs Harbour Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 9 June 2023 and the Agreement was made on 1 September 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant 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.

1. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought.  They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant.  No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement was approved on 29 September 2023 and, in accordance with s 54, will operate from 6 October 2023. The nominal expiry date of the Agreement is 29 September 2026.

COMMISSIONER

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