Steelfab Unit Trust T/A Pacific Industrial Company (WA) Pty Ltd
[2024] FWCA 2126
•10 JUNE 2024
| [2024] FWCA 2126 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185–Application for approval of a single-enterprise agreement
Steelfab Unit Trust T/A Pacific Industrial Company (WA) Pty Ltd
(AG2024/1831)
PACIFIC INDUSTRIAL COMPANY WORKSHOP ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER LIM | PERTH, 10 JUNE 2024 |
Application for approval of the Pacific Industrial Company Workshop Enterprise Agreement 2024
Steelfab Unit Trust T/A Pacific Industrial Company (WA) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Pacific Industrial Company Workshop Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (NES):
(a)Clause 2.2.5 of the Agreement relates to the abandonment of employment and it may be inconsistent with the NES with regards to s 117 of the Act.
However, I am satisfied that under clause 1.5 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Clause 6.2 of the Agreement relates to “Introduction of Change”. Whilst it does cover changes to an employee’s regular roster or ordinary hours of work, it does not as per sections 205(1A)(b) and 205(1A)(c) of the Act invite the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and specify that the Applicant will consider any views given by the employees about the impact of the change.
The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the end of the Agreement and is taken to be a term of it.
The Agreement was approved on 10 June 2024 and, in accordance with s 54, will operate from 17 June 2024. The nominal expiry date of the Agreement is 10 June 2028.
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