TAE Gas Turbines Pty Ltd
[2022] FWCA 3376
•29 SEPTEMBER 2022
| [2022] FWCA 3376 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
TAE Gas Turbines Pty Ltd
(AG2022/3912)
TAE AEROSPACE ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 29 SEPTEMBER 2022 |
Application for approval of the TAE Aerospace Enterprise Agreement 2022
TAE Gas Turbines Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the TAE Aerospace Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
Section 186, 187 and 188
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
National Employment Standards
I observe that clauses 2.6 and 5.3(g) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Model Consultation Term
The Agreement does not contain a consultation term, as required by s.205(1) of the FW Act. Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Section 183 Bargaining Representatives
The ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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