Morris McMahon & Co Pty Ltd
[2025] FWCA 862
•7 MARCH 2025
| [2025] FWCA 862 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Morris McMahon & Co Pty Ltd
(AG2025/440)
MORRIS MCMAHON & CO PTY LTD ENTERPRISE AGREEMENT 2025
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 7 MARCH 2025 |
Application for approval of the Morris McMahon & Co Pty Ltd Enterprise Agreement 2025
Morris McMahon & Co Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Morris McMahon & Co Pty Ltd Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Sections 186, 187 and 188
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 has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
Delegates’ rights term
The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
Section 183 Bargaining Representative
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 14 March 2025. The nominal expiry date of the Agreement is 31 January 2028.
Section 218A variation to correct or amend errors, defects or irregularities
Clause 11.3(a) of the Agreement states:
Other than as provided at clause 11.3Error! Reference Source Not Found…
After seeking the views of the parties, I am satisfied that this is an obvious error or defect as contemplated by s.218A and that I should exercise my discretion to amend the Agreement as follows:
Other than as provided at clause 11.3(b)…
Accordingly, clause 11.3(a) of the Agreement is varied to remove “11.3Error!Reference Source Not Found” and inserting in its place “11.3(b)” This variation will operate from 7 March 2025.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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