Piacentini & Son Pty Ltd T/A Piacentini & Son Pty Ltd
[2024] FWCA 2897
•6 AUGUST 2024
| [2024] FWCA 2897 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Piacentini & Son Pty Ltd T/A Piacentini & Son Pty Ltd
(AG2024/2586)
PIACENTINI MAINTENANCE ENTERPRISE AGREEMENT 2024
| Vehicle industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 6 AUGUST 2024 |
Application for approval of the Piacentini Maintenance Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Piacentini Maintenance Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Piacentini & Son Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 August 2023 and the Agreement was made on 27 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
A potential BOOT issue was identified with respect to employees who work permanent afternoon or permanent night shifts. The Applicant has advised that there are no employees engaged on such shifts and it is not reasonably foreseeable that any such employees will be engaged during the life of the Agreement. I am therefore satisfied that this BOOT concern is not relevant.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2024. The nominal expiry date of the Agreement is 13 August 2027.
DEPUTY PRESIDENT
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