The Lincoln Electric Company (Australia) Pty Ltd T/A Specialised Welding Products
[2024] FWCA 38
•4 JANUARY 2024
| [2024] FWCA 38 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Lincoln Electric Company (Australia) Pty Ltd T/A Specialised Welding Products
(AG2023/5162)
LINCOLN ELECTRIC COMPANY (AUSTRALIA) PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 4 JANUARY 2024 |
Application for approval of the Lincoln Electric Company (Australia) Pty Ltd Newcastle Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Lincoln Electric Company (Australia) Pty Ltd Newcastle Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Lincoln Electric Company (Australia) Pty Ltd T/A Specialised Welding Products (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 4 January 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2024. The nominal expiry date of the Agreement is 10 November 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523005 PR769969>
ANNEXURE A
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