Hardchrome Engineering Services Pty Ltd
[2024] FWCA 2212
•14 JUNE 2024
| [2024] FWCA 2212 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hardchrome Engineering Services Pty Ltd
(AG2024/1990)
HARDCHROME ENGINEERING SERVICES PTY LTD ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 14 JUNE 2024 |
Application for approval of the Hardchrome Engineering Services Pty Ltd Enterprise Agreement 2023.
Hardchrome Engineering Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Hardchrome Engineering Services Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 7 July 2023 and the Agreement was made on 28 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.
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 FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 14 June 2024 and, in accordance with s.54 of the FW Act, will operate from 21 June 2024. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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