Starlight Engineering Pty Ltd
[2023] FWCA 2621
•18 AUGUST 2023
| [2023] FWCA 2621 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Starlight Engineering Pty Ltd
(AG2023/2639)
STARLIGHT ENGINEERING PTY LTD ENTERPRISE AGREEMENT, 2023 - 2025
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 18 AUGUST 2023 |
Application for approval of the Starlight Engineering Pty Ltd Enterprise Agreement, 2023 - 2025
An application has been made for approval of an enterprise agreement known as the Starlight Engineering Pty Ltd Enterprise Agreement, 2023 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Starlight Engineering Pty Ltd. The Agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
While I note that the Employer provided undertakings revising the consultation term in the Agreement, an undertaking cannot be accepted in respect of s.205. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is therefore taken to be a term of the Agreement.
The Agreement is approved and in accordance with s.54, will operate from 25 August 2023. The nominal expiry date of the Agreement is 18 August 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE521175 PR765321>
Annexure A
0
0
0