Taranto Windows & Doors Pty Ltd

[2024] FWCA 1142

[2024] FWCA 1142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Taranto Windows & Doors Pty Ltd

(AG2024/826)

TARANTO WINDOWS & DOORS PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 4 APRIL 2024

Application for approval of the Taranto Windows & Doors Pty Ltd Enterprise Agreement 2023.

1. Taranto Windows & Doors Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Taranto Windows & Doors Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. Question 18 of the Form F17B provides that the notification time for the Agreement was 3 February 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. Question 28.2 of the Form F17B provides that the Agreement was made on 7 March 2024.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

1. The Agreement was approved on 4 April 2024 and, in accordance with s.54, will operate from 11 April 2024. The nominal expiry date of the Agreement is 4 April 2028.

COMMISSIONER

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