Ballantyne Pty Ltd
[2022] FWCA 4212
•1 DECEMBER 2022
| [2022] FWCA 4212 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ballantyne Pty Ltd
(AG2022/4866)
Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2022
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 1 DECEMBER 2022 |
Application for approval of the Ballantyne Pty Ltd (Laverton) Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Ballantyne Pty Ltd (Laverton) 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 Ballantyne Pty Ltd. The Agreement is a single enterprise agreement.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clauses 14.9.1 and 35.3.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 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 was approved on 1 December 2022 and, in accordance with s.54, will operate from 8 December 2022. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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