Henry Haymes Pty Ltd
[2022] FWCA 1525
•6 MAY 2022
| [2022] FWCA 1525 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Henry Haymes Pty Ltd
(AG2022/1157)
Henry Haymes Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 6 MAY 2022 |
Application for approval of the Henry Haymes Enterprise Agreement 2021
Henry Haymes Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Henry Haymes Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer 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.
Pursuant to s 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 United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 6 May 2022 and, in accordance with s 54, will operate from 13 May 2022. The nominal expiry date of the Agreement is 8 August 2024.
DEPUTY PRESIDENT
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Annexure A
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