Hanwha Defense Australia

[2024] FWCA 1544

[2024] FWCA 1544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanwha Defense Australia

(AG2024/1275)

HANWHA DEFENSE AUSTRALIA GREENFIELDS AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 26 APRIL 2024

Application for approval of the Hanwha Defense Australia Greenfields Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Hanwha Defense Australia Greenfields Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hanwha Defense Australia (the Applicant).

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

1. On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 3.2.4 – Casual Conversion.

·   Clause 3.4.6 – Deductions on Termination.

·   Clause 3.7.2 – Redundancy Pay (Notice).

·   Clause 3.7.3 – Redundancy Pay (Entitlement).

·   Clause 3.2 – Carers Leave.

·   Clause 6.5.5 – Public Holidays.

·   Clause 6.7- Compassionate Leave.

However, noting clause 1.1.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. In accordance with s. 187(5)(a) of the Act, I am satisfied that the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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