Aus-10 Rhyolite Pty Ltd T/A Aus-10 Rhyolite Pty Ltd
[2022] FWCA 2948
•26 AUGUST 2022
| [2022] FWCA 2948 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Aus-10 Rhyolite Pty Ltd T/A Aus-10 Rhyolite Pty Ltd
(AG2022/2462)
AUS-10 RHYOLITE PTY LTD HARD ROCK QUARRY WORKERS ENTERPRISE AGREEMENT 2022
| Cement and concrete products | |
| COMMISSIONER P RYAN | SYDNEY, 26 AUGUST 2022 |
Application for approval of the Aus-10 Rhyolite Pty Ltd Hard Rock Quarry Workers Enterprise Agreement 2022
Aus-10 Rhyolite Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known the Aus-10 Rhyolite Pty Ltd Hard Rock Quarry Workers Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The employer 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.
Section 186, 187, 188 and 190
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.
National Employment Standards
I observe that clauses 7.1, 7.3, and 7.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Approval
The Agreement is approved. Clause 1.3 of the Agreement states that the Agreement will commence from the first full pay period after the date of approval. The Employer advised that it operates a fortnightly pay period and the next pay period commences on Wednesday 7 September 2022.
Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the Act, the Agreement will operate from Tuesday 6 September 2022. The nominal expiry date of the Agreement is 26 August 2025.
COMMISSIONER
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