ITW Australia Pty Ltd T/A ITW Deltar
[2024] FWCA 4411
•13 DECEMBER 2024
| [2024] FWCA 4411 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ITW Australia Pty Ltd T/A ITW Deltar
(AG2024/4559)
RAMSET AND AMWU ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER ALLISON | MELBOURNE, 13 DECEMBER 2024 |
Application for approval of the Ramset and AMWU Enterprise Agreement 2024
ITW Australia Pty Ltd T/A ITW Deltar (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Ramset and AMWU Enterprise Agreement 2024 (the Agreement).
The Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.
The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “Ramsetreid and AMWU Enterprise Agreement 2021” which does not match the title of the Agreement to be approved. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.
Clause 14.2 of the Agreement provides that apprentices will be paid a percentage of the C10 rate of pay as set out in the Agreement at Clause 48 or the rate under the Manufacturing and Associated Industries and Occupations Award 2020 (the Award), if the Award rate is greater. Under this clause Year 1 and Year 2 Adult Apprentices would receive the Award rate so do not appear to be better off under the Agreement. The Employer has provided an undertaking which increases the rate of pay in relation to Year 1 and Year 2 Adult Apprentices to resolve this issue.
A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2024. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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Annexure A
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