The Engineering Company Pty Ltd
[2024] FWCA 2376
•27 JUNE 2024
| [2024] FWCA 2376 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Engineering Company Pty Ltd
(AG2024/1935)
THE ENGINEERING COMPANY WORKPLACE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 27 JUNE 2024 |
Application for approval of The Engineering Company Workplace Agreement 2024.
The Engineering Company Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as The Engineering Company Workplace Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) 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. The notification time for the Agreement was 16 January 2024 and the Agreement was made on 20 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and 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, 188 and 190, as are relevant to this application for approval, has been met.
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.
I observe that clause 29 regarding public holidays is likely to be inconsistent with the National Employment Standards (NES). However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, 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), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 27 June 2024 and, in accordance with s.54, will operate from 4 July 2024. The nominal expiry date of the Agreement is 31 March 2027.
COMMISSIONER
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Annexure A
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