Weldlok Industries Pty Ltd
[2023] FWCA 3012
•19 SEPTEMBER 2023
| [2023] FWCA 3012 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Weldlok Industries Pty Ltd
(AG2023/3068)
WELDLOK INDUSTRIES BELMONT ENTERPRISE AGREEMENT 2023
| Building, metal and civil construction industries | |
| COMMISSIONER LIM | PERTH, 19 SEPTEMBER 2023 |
Application for approval of the Weldlok Industries Belmont Enterprise Agreement 2023
Weldlok Industries Pty Ltd has made an application for the approval of an enterprise agreement known as the Weldlok Industries Belmont Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 July 2023 and the Agreement was made on 22 August 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.
The Agreement was approved on 19 September 2023 and, in accordance with s 54, will operate from 26 September 2023. The nominal expiry date of the Agreement is 19 September 2026.
COMMISSIONER
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