Ameropa Australia Pty Ltd T/A Impact Fertilisers Pty Ltd
[2023] FWCA 1003
•5 APRIL 2023
| [2023] FWCA 1003 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ameropa Australia Pty Ltd T/A Impact Fertilisers Pty Ltd
(AG2023/572)
AMEROPA AUSTRALIA ENTERPRISE AGREEMENT 2022
| Agricultural industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 5 APRIL 2023 |
Application for approval of the Ameropa Australia Enterprise Agreement 2022
An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Ameropa Australia Enterprise Agreement 2022 (Agreement).
The Employer 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 29 – Public Holidays; and
· Clause 33 – Termination.
However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 April 2023. The nominal expiry date of the Agreement is 12 April 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519669 PR760888>
Annexure A
0
0
0