Australian Botanical Products Pty Limited
[2022] FWCA 3099
•7 SEPTEMBER 2022
| [2022] FWCA 3099 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Botanical Products Pty Limited
(AG2022/3517)
Ixom Operations Pty Ltd (Australian Botanical Products) and United Workers Union Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 7 SEPTEMBER 2022 |
Application for approval of the Ixom Operations Pty Ltd (Australian Botanical Products) and United Workers Union Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Ixom Operations Pty Ltd (Australian Botanical Products) and United Workers Union 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 Australian Botanical Products Pty Limited. The Agreement is a single enterprise 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clause 37.2 of the of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.1 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 United Workers’ Union 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) I note that the Agreement covers the organisation.
The Agreement is approved and in accordance with s.54, will operate from 14 September 2022. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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Annexure A
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