Tricorbraun Anz Pty Ltd
[2024] FWCA 3185
•4 SEPTEMBER 2024
| [2024] FWCA 3185 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tricorbraun Anz Pty Ltd
(AG2024/2754)
TRICORBRAUN ANZ PTY LTD, CONDELL PARK SITE ENTERPRISE AGREEMENT 2024 - 2027
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 4 SEPTEMBER 2024 |
Application for approval of the TricorBraun ANZ Pty Ltd, Condell Park Site Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the TricorBraun ANZ Pty Ltd, Condell Park Site Enterprise Agreement 2024 - 2027 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the Manufacturing and Associated Industries and Occupations Award is taken to be a term of the Agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 September 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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