Mainteck Services Pty Ltd
[2024] FWCA 2738
•25 JULY 2024
| [2024] FWCA 2738 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mainteck Services Pty Ltd
(AG2024/2599)
MAINTECK SERVICES PTY LTD FAIRY MEADOW MACHINE SHOP ENTERPRISE COLLECTIVE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 25 JULY 2024 |
Application for approval of the MAINTECK SERVICES PTY LTD Fairy Meadow Machine Shop Enterprise Collective Agreement 2024
Mainteck Services Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the MAINTECK SERVICES PTY LTD Fairy Meadow Machine Shop Enterprise Collective Agreement (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.
Sections 186, 187 and 188
On the basis of the material contained in the application and accompanying declarations, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
Delegates’ rights term
Clause 31 of the Agreement provides for a delegates’ rights term that is less favourable than the workplace delegates’ rights term in the Manufacturing and Associated Industries and Occupations Award 2020 (Award). Pursuant to s.205A(2) of the FW Act, clause 40A of the Award is taken to be a term of the Agreement.
Section 183 Bargaining Representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 1 August 2024. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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