South Coast Equipment Pty Ltd

[2024] FWCA 3449

[2024] FWCA 3449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South Coast Equipment Pty Ltd

(AG2024/3348)

SOUTH COAST EQUIPMENT PTY LIMITED WORKSHOP DIVISION AND AMWU ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SLOAN	SYDNEY, 2 OCTOBER 2024

Application for approval of the South Coast Equipment Pty Limited Workshop Division and AMWU Enterprise Agreement 2024

1. South Coast Equipment Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the South Coast Equipment Pty Limited Workshop Division and AMWU Enterprise Agreement 2024 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

2. The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s 188(5) of the Act and am satisfied that the employees are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act

3. 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.

4. Subject to those undertakings, on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.

5. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (“AMWU”), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the AMWU.

6. The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 9 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526251  PR779845>

Annexure A