Stegbar Windows T/A Stegbar Windows Pty Ltd
[2022] FWCA 1052
•24 MARCH 2022
| [2022] FWCA 1052 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Stegbar Windows T/A Stegbar Windows Pty Ltd
(AG2022/763)
Stegbar Pty Ltd (Rowville Windows Assembly Plant) Enterprise Agreement 2021
| Manufacturing and associated industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 24 MARCH 2022 |
Application for approval of the Stegbar Pty Ltd (Rowville Windows Assembly Plant) Enterprise Agreement 2021
Stegbar Windows T/A Stegbar Windows Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Stegbar Pty Ltd (Rowville Windows Assembly Plant) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 22 March 2022.
On 22 March 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:
· Chambers sought and received additional information as to the steps taken by the employer to notify employees of the place of vote by the start of access period.
· The parties were notified that should the Agreement be approved, the approval decision would state that the commencement date will be 7 days following approval.
· Clause 8 regarding the withholding of NES entitlements, clause 14A regarding annual/personal/carer’s/compassionate leave, clause 31 regarding public holidays and clause 8 regarding notice of termination, may be inconsistent with the National Employment Standards (NES) however the Agreement has an effective NES precedence term at clause 5 that is deemed to resolve the NES inconsistencies identified in the Agreement.
The Australian Workers’ Union (AWU) and the Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU) being bargaining representatives for the Agreement, have given 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 that the Agreement covers these organisations.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2024.
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