Wesbeam Pty Ltd T/A Wesbeam

Case

[2023] FWCA 254

27 JANUARY 2023


[2023] FWCA 254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wesbeam Pty Ltd T/A Wesbeam

(AG2022/5564)

WESBEAM PTY. LTD. ENTERPRISE AGREEMENT (WESTERN AUSTRALIAN OPERATIONS) 2022 – 2026

Manufacturing and associated industries

DEPUTY PRESIDENT BEAUMONT

PERTH, 27 JANUARY 2023

Application for approval of the Wesbeam Pty. Ltd. Enterprise Agreement (Western Australian Operations) 2022 – 2026

  1. Wesbeam Pty Ltd T/A Wesbeam (the Applicant) has made an application for the approval of an enterprise agreement known as the Wesbeam Pty. Ltd. Enterprise Agreement (Western Australian Operations) 2022 – 2026 (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.

  1. The Applicant 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.

  1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

  1. Subject to the undertakings referred to above, and 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, 188, and 190 of the Act as are relevant to this application for approval have been met.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

  1. The Agreement was approved on 27 January 2023 and, in accordance with s 54, will operate from 3 February 2023.  The nominal expiry date of the Agreement is 8 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518993  PR749969>

Annexure A

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