Rheinmetall Defence Australia Pty Ltd
[2024] FWCA 1019
•21 MARCH 2024
| [2024] FWCA 1019 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Rheinmetall Defence Australia Pty Ltd
(AG2024/715)
RHEINMETALL DEFENCE AUSTRALIA ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 21 MARCH 2024 |
Application for approval of the Rheinmetall Defence Australia Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Rheinmetall Defence Australia Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rheinmetall Defence Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I note that the employees who were entitled to vote on the Agreement were provided with a corrected copy of the proposed agreement 6 days before the start of the voting process. I note further that the relevant correction related to a minor typographical error in the pay tables in schedule 1 of the proposed agreement, that the incorrect rate was lower than the corrected rate and that employees would not have been prejudiced by the correction or the reduction in the period available to them to consider the terms of the proposed agreement. Further, the “Automotive, Food, Metals, Engineering, Printing and Kindred Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the proposed agreement, agreed that the period was a reasonable time period in accordance with clause 6(b) of the Statement of Principles. I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
To the extent that clause 35 of the Agreement does not include all of the entitlements to compassionate leave provided for in the National Employment Standards (NES), I note that Clause 3.1 of the Agreement provides that the Agreement incorporates the NES and that to extent of any inconsistency between the Agreement and the NES, the NES will prevail.
The AMWU lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 March 2026.
DEPUTY PRESIDENT
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