Heidelberg Graphic Equipment Ltd T/A Heidelberg Australia
[2023] FWCA 395
•8 FEBRUARY 2023
| [2023] FWCA 395 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Heidelberg Graphic Equipment Ltd T/A Heidelberg Australia
(AG2022/5361)
HEIDELBERG AUSTRALIA, AMWU & ETU LIFECYCLE OPERATIONS - NATIONAL ELECTRICAL AND MECHANICAL FIELD SERVICE REPRESENTATIVE ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER SCHNEIDER | PERTH, 8 FEBRUARY 2023 |
Application for approval of the Heidelberg Australia, AMWU & ETU Lifecycle Operations - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2023
Heidelberg Graphic Equipment Ltd T/A Heidelberg Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the Heidelberg Australia, AMWU & ETU Lifecycle Operations - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2023 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.
Pursuant to section 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisations, I note that the Unions are covered by the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 31 March 2025.
COMMISSIONER
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