AWM - Group Management Services Pty Ltd T/A AWM - Group Management Services Pty Ltd

[2023] FWCA 360

[2023] FWCA 360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AWM - Group Management Services Pty Ltd T/A AWM - Group Management Services Pty Ltd

(AG2022/5540)

WILSON FABRICS PTY LTD WAREHOUSE AND SAMPLES ENTERPRISE AGREEMENT 2022

Clothing industry
COMMISSIONER MIRABELLA	MELBOURNE, 6 FEBRUARY 2023

Application for approval of the Wilson Fabrics Pty Ltd Warehouse and Samples Enterprise Agreement 2022.

1. AWM - Group Management Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Wilson Fabrics Pty Ltd Warehouse and Samples Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Construction, Forestry, Maritime, Mining and Energy 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 6 February 2023 and, in accordance with s.54, will operate from 13 February 2023. The nominal expiry date of the Agreement is 1 April 2026.

COMMISSIONER

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<AE519086  PR750247>