Wearn Services Pty Ltd T/A Wearn Services Pty Ltd

[2021] FWCA 5584

[2021] FWCA 5584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wearn Services Pty Ltd T/A Wearn Services Pty Ltd
(AG2021/6896)

WEARN SERVICES PTY LTD MAINTENANCE PERSONNEL ENTERPRISE AGREEMENT 2021-24

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 SEPTEMBER 2021

Application for approval of the Wearn Services Pty Ltd Maintenance Personnel Enterprise Agreement 2021-24.

[1] An application has been made for approval of an enterprise agreement to be known as the Wearn Services Pty Ltd Maintenance Personnel Enterprise Agreement 2021-24 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wearn Services Pty Ltd T/A Wearn Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 7 September 2021. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 7 September 2025.

DEPUTY PRESIDENT

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Annexure A