| [2022] FWCA 427 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Visual Exposure Pty Limited As The Trustee For Harrold Family Trust T/A Visual Exposure
(AG2021/8913)
Visual Exposure Pty Ltd Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 9 FEBRUARY 2022 |
Application for approval of the Visual Exposure Pty Ltd Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Application for approval of the Visual Exposure Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visual Exposure Pty Limited. The Agreement is a single enterprise agreement.
The Employer has 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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I note that the Agreement contains an NES precedence clause at cl. 38.1, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards
The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 9 February 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE514901 PR738216>
ANNEXURE A
- AGLC
- Visual Exposure Pty Limited As The Trustee For Harrold Family Trust T/A Visual Exposure [2022] FWCA 427
- Case
- [2022] FWCA 427
- Decision Date
CaseChat Overview and Summary
The Commission examined the application to determine whether the enterprise agreement complied with the statutory prerequisites. These included ensuring that the agreement contained all the prescribed terms and conditions of employment and was in the approved form. Additionally, the Commission assessed whether the agreement was made in good faith and whether the prescribed process for making the agreement had been followed. The Commission also considered the fairness of the agreement, taking into account the interests of both the employees and the employer.
After thorough consideration, the Fair Work Commission found that the Visual Exposure Pty Ltd Enterprise Agreement 2022 met all the statutory requirements and was, therefore, approved. The Commission was satisfied that the agreement contained all the prescribed terms and conditions, was in the correct form, and was made in good faith. The process for making the agreement was also deemed to have been appropriately followed. Furthermore, the Commission determined that the agreement was fair and balanced, taking into account the interests of both the employees and the employer.
The Fair Work Commission approved the Visual Exposure Pty Ltd Enterprise Agreement 2022, effective from the date specified in the agreement. This decision allows the agreement to be used as a basis for the terms and conditions of employment for the employees covered by the agreement, subject to the ongoing obligations and rights provided under the Fair Work Act 2009.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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