Resero Pty Ltd T/A Resero

Case

[2022] FWCA 648

23 FEBRUARY 2022


[2022] FWCA 648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resero Pty Ltd T/A Resero

(AG2022/179)

2022 RESERO PTY LTD EMPLOYEE ENTERPRISE AGREEMENT

Manufacturing and associated industries

COMMISSIONER P RYAN

SYDNEY, 23 FEBRUARY 2022

Application for approval of the 2022 Resero Pty Ltd. Employee Enterprise Agreement

  1. Resero Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known the 2022 Resero Pty Ltd Employee Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

  1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

  1. The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining representative

  1. The Australian Manufacturing Workers Union (the 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.

  1. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2022. The nominal expiry date of the Agreement is 31 December 2024.


COMMISSIONER

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