Wastech Engineering Pty Ltd T/A Wastech Engineering Pty Ltd
[2024] FWCA 4194
•28 NOVEMBER 2024
| [2024] FWCA 4194 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wastech Engineering Pty Ltd T/A Wastech Engineering Pty Ltd
(AG2024/3365)
WASTECH ENGINEERING PTY LTD FIELD SERVICE AND REPAIR CENTRE WORKPLACE AGREEMENT 2024-2027
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 28 NOVEMBER 2024 |
Application for approval of the Wastech Engineering Pty Ltd Field Service and Repair Centre Workplace Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the Wastech Engineering Pty Ltd Field Service and Repair Centre Workplace Agreement (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Wastech Engineering Pty Ltd T/A Wastech Engineering Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at 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 requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
Pursuant to s 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupation Award 2020 is taken to be a term of the Agreement.
I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES:
Clause 25 of the Agreement provides for compassionate leave; however, it is silent is relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.
Clause 8.1.6 of the Agreement provides for unpaid family and domestic violence leave at 5 days per year. This is inconsistent with s 106A(1) of the Act, which provides for an employee to receive 10 days of paid family and domestic violence leave in a 12-month period.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 5 December 2024. The nominal expiry date of the Agreement is 5 December 2027.
DEPUTY PRESIDENT
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Annexure A
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