Mesh&Bar Pty Ltd T/A Mesh&Bar Pty Ltd
[2023] FWCA 2094
•7 JULY 2023
| [2023] FWCA 2094 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mesh&Bar Pty Ltd T/A Mesh&Bar Pty Ltd
(AG2023/2099)
MESH & BAR PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 7 JULY 2023 |
Application for approval of the Mesh & Bar Pty Ltd New South Wales Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd New South Wales 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 Mesh & Bar Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4), the views of the bargaining representatives in relation to the undertakings were sought. The bargaining representatives have indicated their acceptance of the undertakings provided. 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 undertaking proffered at point 2 of Annexure A does not deal with a concern that the Agreement does not meet the requirements set out in ss.186 and 187. I do not propose to accept that part of the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval have been met. The undertakings, other than point 2 which relates to the flexibility term in the agreement, are taken to be a term of the Agreement. Pursuant to s.201(3) the undertakings are taken to be a term of the Agreement.
The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that in accordance with Clause 1.4 of the Agreement the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520686 PR764034>
Annnexure A
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