Seeley International Pty Ltd
[2023] FWCA 2672
•22 AUGUST 2023
| [2023] FWCA 2672 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Seeley International Pty Ltd
(AG2023/2606)
SEELEY INTERNATIONAL PTY LTD (ALBURY/WODONGA) ENTERPRISE AGREEMENT 2023-2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 22 AUGUST 2023 |
Application for approval of the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2023-2024
An application has been made for approval of an enterprise agreement known as the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2023-2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seeley International Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. The United Workers Union (UWU), a bargaining representative for the agreement has indicated their acceptance of the undertaking provided. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 3.8 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. To be clear, any entitlement conferred by the NES that is not expressly included in the Agreement will be taken to apply.
The UWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE521222 PR765430>
Annexure A
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