Macweld Industries Pty Ltd

[2022] FWCA 4514

[2022] FWCA 4514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Macweld Industries Pty Ltd

(AG2022/5165)

Macweld Industries Pty. Ltd. Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 20 DECEMBER 2022

Application for approval of the Macweld Industries Pty. Ltd. Enterprise Agreement 2022

1. Macweld Industries Pty Ltd has applied for approval of an enterprise agreement known as the Macweld Industries Pty. Ltd. Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Employer has provided written undertakings. 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 and 190 as are relevant to this application for approval have been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 25 – Compassionate Leave;

·   Clause 29 – Public Holidays; and

·   Clause 30 – Notice of termination by employee.

However, noting clause 31 and the undertakings given by the Employer. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2022. The nominal expiry date of the Agreement is 19 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518667  PR749110>

Annexure A