Sava Engineering Pty Ltd

[2020] FWCA 6128

[2020] FWCA 6128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sava Engineering Pty Ltd
(AG2020/3131)

SAVA ENGINEERING PTY LTD WORKSHOP & SITE ENTERPRISE AGREEMENT 2020-2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 16 NOVEMBER 2020

Application for approval of the SAVA ENGINEERING PTY LTD Workshop & Site Enterprise Agreement 2020-2023.

[1] Application has been made by Sava Engineering Pty Ltd for approval of a single enterprise agreement known as the SAVA ENGINEERING PTY LTD Workshop & Site Enterprise Agreement 2020-2023 (the Agreement).

[2] The Notice of Employee Representational Rights (NERR) was given to employees more than 14 days after the notification time for the Agreement. I am satisfied that in the circumstances this was a minor procedural or technical error for the purposes of section 188(2)(a) of the Fair Work Act 2009 (Act). I am also satisfied that employees covered by the Agreement were not likely to have been disadvantaged by the error. The Agreement has been genuinely agreed for the purposes of section 188(2) of the Act

[3] A written undertaking has been given in accordance with section 190 of the Act and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[4] With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will operate from 23 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

[6] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A