Waratah Engineering Pty Ltd t/a HBT Waratah
[2024] FWCA 4525
•17 DECEMBER 2024
| [2024] FWCA 4525 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Waratah Engineering Pty Ltd t/a HBT Waratah
(AG2024/4596)
HBT WARATAH ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 17 DECEMBER 2024 |
Application for approval of the HBT Waratah Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the HBT Waratah Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Waratah Engineering Pty Ltd t/a HBT Waratah (the Applicant). The Agreement is a single enterprise agreement.
It was noted from the supporting material filed with the application that a copy of the proposed Agreement and incorporated material was provided to employees on 30 October 2024 and that an amended version of the proposed agreement was provided to employees on the following day, 31 October 2024. The vote to approve the Agreement took place on 7 November 2024 which is less than 7 clear days from the date the amended version of the Agreement was provided to employees. The differences between the two agreements were minor and related to corrections to the name of the employing entity and the ABN. I am satisfied that in the circumstances, the employees had a reasonable opportunity to consider the proposed enterprise agreement before voting on it for the purposes of 4 and 5 of the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023, notwithstanding that the employees did not have the Agreement within at least 7 full calendar days before the day on which voting started.
I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that Clause 6.5 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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