A.H. Beard Pty Ltd
[2023] FWCA 559
•21 FEBRUARY 2023
| [2023] FWCA 559 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
A.H. Beard Pty Ltd
(AG2023/215)
A.H. Beard Pty Ltd QLD Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 21 FEBRUARY 2023 |
Application for approval of the A.H. Beard Pty. Ltd. Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the A.H. Beard Pty Ltd QLD Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A.H. Beard Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, clause 21 of the Agreement and on the basis of the materials before the Commission, 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.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 CFMMEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
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