Michael Alexander T/A The Cog (Vic) Pty Ltd
[2023] FWCA 3142
•2 OCTOBER 2023
| [2023] FWCA 3142 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Michael Alexander T/A The Cog (Vic) Pty Ltd
(AG2023/3165)
THE AMWU AND THE COG (VIC) PTY LTD NEWPORT POWER STATION AGREEMENT 2023-2026
| Building, metal and civil construction industries | |
| COMMISSIONER CONNOLLY | MELBOURNE, 2 OCTOBER 2023 |
Application for approval of The AMWU and The Cog (Vic) Pty Ltd Newport Power Station Agreement 2023-2026
An application has been made for approval of an enterprise agreement known as the The AMWU and The Cog (Vic) Pty Ltd Newport Power Station Agreement 2023-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Michael Alexander T/A The Cog (Vic) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 18 September 2023.
The notification time for the Agreement under s.173(2) was 3 July 2023 and the Agreement was made on 31 August 2023. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]
On 21 September 2023, the Employer was invited to address aspects of the Agreement and provide confirmation as to the date of notification as the Form F17B filed was not clear on this particular issue.
On 25 September 2023, the Applicant provided submissions and confirmed that the notification time was 3 July 2023.
As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.
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 Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2026.
COMMISSIONER
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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