Great Western Corporation Pty Ltd T/A Agpoint Australia

[2024] FWCA 3800

[2024] FWCA 3800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Great Western Corporation Pty Ltd T/A Agpoint Australia

(AG2024/3809)

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 30 OCTOBER 2024

Application for approval of the Great Western Corporation Pty Ltd (Process and Maintenance) Enterprise Agreement 2024/2026

1. An application has been made for approval of an enterprise agreement known as the Great Western Corporation Pty Ltd (Process and Maintenance) Enterprise Agreement 2024/2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Great Western Corporation Pty Ltd T/A Agpoint Australia (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant provided a Notice of Employee Representational Rights (NERR) on 15 February 2024 that was reissued to correct the name of the Agreement in the NERR on 6 March 2024. Despite this, I am satisfied that the Agreement has been genuinely agreed to by the employees covered by the Agreement. To the extent this is a minor technical error, I have disregarded it in accordance with s.188(5)(a) as I am satisfied that employees were not likely to have been disadvantaged by the error.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. Clause 23.3 of the Agreement, addressing the withholding of monies due to an employee in the event of insufficient notice on termination, may be inconsistent with the National Employment Standards (NES). Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 6 November 2024. The nominal expiry date of the Agreement is 6 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526590  PR780800>