ITW Australia Pty Ltd T/A Pryda (Aust.) Pty. Ltd.

[2024] FWCA 2917

[2024] FWCA 2917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ITW Australia Pty Ltd T/A Pryda (Aust.) Pty. Ltd.

(AG2024/2600)

ITW AUSTRALIA PTY LTD PRYDA AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 8 AUGUST 2024

Application for approval of the ITW Australia Pty Ltd Pryda Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the ITW Australia Pty Ltd Pryda Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ITW Australia Pty Ltd T/A Pryda (Aust.) Pty. Ltd. The Agreement is a single enterprise agreement.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.  

1. The Employer has provided written undertakings amending the nominal expiry date of the Agreement in clause 1.6. 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as they are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clause 20.2b of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

1. The Agreement is approved and in accordance with s.54, will operate from 15 August 2024. The nominal expiry date of the Agreement is 7 May 2027.

COMMISSIONER

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Annexure A