TAE Aerospace Pty Ltd

[2024] FWCA 3628

[2024] FWCA 3628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

TAE Aerospace Pty Ltd

(AG2024/3340)

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 18 OCTOBER 2024

Application for approval of the TAE Aerospace Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the TAE Aerospace Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TAE Aerospace Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The copy of the Agreement filed with the application for approval did not contain a signed signature page in the terms required by s.185(2) of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). An amended copy of the Agreement was later filed with a signature page that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment to the Agreement pursuant to s.586(a) of the Act.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. Clause 5.3(g) of the Agreement as it relates to the provision of evidence of absence on personal leave may be contrary to evidence required under the National Employment Standards (NES). Noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 25 October 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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