ITW Australia Pty Ltd T/A Welding Industries Australia
[2023] FWCA 2089
•7 JULY 2023
| [2023] FWCA 2089 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ITW Australia Pty Ltd T/A Welding Industries Australia
(AG2023/2145)
W.I.A. ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 7 JULY 2023 |
Application for approval of the W.I.A. Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the W.I.A. Enterprise Agreement 2023 (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 Welding Industries Australia. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and 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.
I note that that the Agreement was signed by the Employee Bargaining representative, however the signature was not in accordance with reg 2.06A(2)(b)(ii) Fair Work Regulations 2009 (the Regulations) as the Employee representative failed to detail their authority to sign the agreement. On 4 July 2023, my chambers sought additional information.
On 7 July 2023, the employer advised me that the Employee representative was an electrician covered by the Award. I am therefore satisfied that the Employee Representative is an employee covered by the Agreement for the purposes of reg 2.06A of the Regulations.
The Agreement is approved and in accordance with s.54, will operate from 14 July 2023. The nominal expiry date of the Agreement is 1 March 2026.
COMMISSIONER
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