Atlas Pacific Australia Pty Limited

Case

[2022] FWCA 4346

9 DECEMBER 2022


[2022] FWCA 4346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Atlas Pacific Australia Pty Limited

(AG2022/5017)

ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2022-2025

Manufacturing and associated industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 9 DECEMBER 2022

Application for approval of the ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2022-2025.

  1. An application has been made for approval of an enterprise agreement known as the ATLAS PACIFIC AUSTRALIA PTY LIMITED SERVICE EMPLOYEES AGREEMENT 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atlas Pacific Australia Pty Limited. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518507  PR748770>

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