Tegra Australia Pty Ltd

[2024] FWCA 3073

[2024] FWCA 3073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tegra Australia Pty Ltd

(AG2024/2845)

TEGRA AUSTRALIA ENTERPRISE AGREEMENT 2024

Cement and concrete products
COMMISSIONER P RYAN	SYDNEY, 22 AUGUST 2024

Application for approval of the Tegra Australia Enterprise Agreement 2024

1. Tegra Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Tegra Australia Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

1. The Employer 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.

Sections 186, 187, 188 and 190

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

1. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Model Flexibility Term

1. The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the FW Regulations is taken to be a term of the Agreement.

Delegates’ rights term

1. The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Pursuant to s.205A(2) of the FW Act, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Section 183 Bargaining Representatives

1. The Transport Workers’ Union of Australia (TWU), 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.

1. In accordance with s.201(2), I note that the Agreement covers the TWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 29 August 2024. The nominal expiry date of the Agreement is 22 August 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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