Incat Tasmania Pty Ltd

[2021] FWCA 4702

[2021] FWCA 4702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incat Tasmania Pty Ltd
(AG2021/6109)

INCAT TASMANIA PTY. LTD. PRODUCTION EMPLOYEE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 AUGUST 2021

Application for approval of the Incat Tasmania Pty. Ltd. Production Employee Enterprise Agreement 2020.

[1] Incat Tasmania Pty Ltd has applied for approval of a single enterprise agreement known as the Incat Tasmania Pty. Ltd. Production Employee Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Noting clause 1.8 of the Agreement, I am satisfied that the Agreement will be read in accordance with the National Employment Standards in the Act (NES) and the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 4 August 2021 and, in accordance with s.54, will operate from 11 August 2021. The nominal expiry date of the Agreement is expressed at clause 1.3 as “three years after the date the Agreement is approved by a successful employee ballot”. The Agreement was made when a majority of the employees covered, that cast a valid vote, voted to approve it on 29 June 2021. Accordingly, the nominal expiry date of the Agreement is 29 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A