Sulzer Australia Pty Ltd

Case

[2022] FWCA 2940

26 AUGUST 2022


[2022] FWCA 2940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sulzer Australia Pty Ltd

(AG2022/3379)

Sulzer Australia Pty Ltd - Maitland Workplace Agreement 2022

Manufacturing and associated industries

DEPUTY PRESIDENT DEAN

CANBERRA, 26 AUGUST 2022

Application for approval of the SULZER AUSTRALIA PTY LTD - MAITLAND Workplace Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the SULZER AUSTRALIA PTY LTD - MAITLAND Workplace Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sulzer Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

  1. 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.

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2022. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE517185  PR745184>

Annexure A

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