Inner Range Pty Ltd T/A Inner Range Pty Ltd

[2023] FWCA 1960

[2023] FWCA 1960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inner Range Pty Ltd T/A Inner Range Pty Ltd

(AG2023/1613)

AUSTRALIAN MANUFACTURING WORKERS’ UNION AND INNER RANGE PTY LTD ENTERPRISE BARGAINING AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 29 JUNE 2023

Application for approval of the Australian Manufacturing Workers’ Union and Inner Range Pty Ltd Enterprise Bargaining Agreement 2023.

1. Inner Range Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Australian Manufacturing Workers’ Union and Inner Range Pty Ltd Enterprise Bargaining Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, and 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, 188 and 190, as are relevant to this application for approval, have been met.

1. The Employer did not take all reasonable steps to provide the notice of employee representational rights to four employees employed at the notification time for the Agreement. The Employer also did not take all reasonable steps to notify employees of the time, place, and method of the vote by the start of the access period for the Agreement. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural errors made in relation to the requirements in sections 173(1) and 180(3) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.

1. 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 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.

1. The Agreement was approved on 29 June 2023 and, in accordance with s.54, will operate from 6 July 2023. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520560  PR763750>

Annexure A