Gippsland NDT Services T/A Gippsland NDT Services

[2020] FWCA 2821

[2020] FWCA 2821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland NDT Services T/A Gippsland NDT Services
(AG2020/1226)

GIPPSLAND NDT (VICTORIA) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 29 MAY 2020

Application for approval of the Gippsland NDT (Victoria) Enterprise Agreement 2020.S

[1] An application has been made for the approval of an enterprise agreement known as the Gippsland NDT (Victoria) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gippsland NDT Services. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Gippsland NDT Services, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen. I note that the group is unchanged from that which is covered by the enterprise agreement the Agreement will replace.

[3] I note that Clause 44.1 of the Agreement pertaining to Long Service Leave references the Victorian Long Service Leave Act 1992, which has been replaced by the Long Service Leave Act 2018. Noting it was and remains the intention of Gippsland NDT Services to reference the applicable Victorian long service leave legislation in the Agreement, I will correct Clause 44.1 of the Agreement pursuant to s.586 of the Act.

[4] Gippsland NDT Services has provided a written undertaking. A copy of the undertaking, is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in a substantial change to the Agreement. The undertaking is taken to be a term of the Agreement.

[5] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 5 June 2020. The nominal expiry date of the Agreement is 1 February 2021.

DEPUTY PRESIDENT

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Annexure A