Sandhurst Equipment & Repairs Pty Ltd T/A Sandhurst Equipment & Repairs Pty Ltd

[2025] FWCA 503

[2025] FWCA 503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sandhurst Equipment & Repairs Pty Ltd T/A Sandhurst Equipment & Repairs Pty Ltd

(AG2024/4948)

SANDHURST EQUIPMENT & REPAIRS PTY LTD METAL WORKS AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 11 FEBRUARY 2025

Application for approval of the Sandhurst Equipment & Repairs Pty Ltd Metal Works Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Sandhurst Equipment & Repairs Pty Ltd Metal Works 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 Sandhurst Equipment & Repairs Pty Ltd T/A Sandhurst Equipment & Repairs Pty Ltd. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 23 September 2024 and the Agreement was made on 29 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

1. The Employer has 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

1. Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2025. The nominal expiry date of the Agreement is 13 February 2029.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

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