Rocklea Pressed Metal Pty Ltd
[2024] FWCA 4312
•4 DECEMBER 2024
| [2024] FWCA 4312 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rocklea Pressed Metal Pty Ltd
(AG2024/4318)
ROCKLEA PRESSED METAL PTY LTD ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 4 DECEMBER 2024 |
Application for approval of the Rocklea Pressed Metal Pty Ltd Enterprise Agreement 2024
This decision deals with an application made for approval of an enterprise agreement known as the Rocklea Pressed Metal Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rocklea Pressed Metal Pty Ltd T/A Rockpress (the Applicant). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 19.2 – Deduction/Withholding of monies on Termination
· Clause 23 – Abandonment of Employment.
However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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 from 11 December 2024. The nominal expiry date of the Agreement is 10 October 2027.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
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