Rec Maintenance & Construction Pty Ltd T/A Rec Maintenance & Construction Pty Ltd
[2024] FWCA 4329
•6 DECEMBER 2024
| [2024] FWCA 4329 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rec Maintenance & Construction Pty Ltd T/A Rec Maintenance & Construction Pty Ltd
(AG2024/4405)
REC MINERALS MAINTENANCE DIVISION ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 6 DECEMBER 2024 |
Application for approval of the REC Minerals Maintenance Division Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the REC Minerals Maintenance Division 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 Rec Maintenance & Construction Pty Ltd T/A Rec Maintenance & Construction 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 19 July 2024 and the Agreement was made on 26 October 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.
As the Agreement did not contain a delegates’ rights clause, as per s.205A of the Act the delegates’ rights clause from the Manufacturing and Associated Industries and Occupations Award 2020 is 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 December 2024. The nominal expiry date of the Agreement is 6 December 2028.
DEPUTY PRESIDENT
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<AE527092 PR782108>
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