Lucky Strike Welding Pty Ltd

[2020] FWCA 4806

[2020] FWCA 4806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lucky Strike Welding Pty Ltd
(AG2020/2488)

AMWU & LUCKY STRIKE WELDING PTY LTD ALTONA AREA AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 8 SEPTEMBER 2020

Application for approval of the AMWU & LUCKY STRIKE WELDING PTY LTD Altona Area Agreement 2020 - 2023.

[1] An application has been made for approval of a greenfields agreement known as the AMWU & LUCKY STRIKE WELDING PTY LTD Altona Area Agreement 2020 – 2023 (the Agreement). The application was made by Lucky Strike Welding Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.8 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 15 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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