Birdon Pty Ltd

[2023] FWCA 1217

[2023] FWCA 1217

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Birdon Pty Ltd

(AG2023/970)

BIRDON MARINE ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 28 APRIL 2023

Application for approval of the Birdon Marine Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Birdon Marine 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 Birdon Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement does not contain a flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Agreement does not contain a consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Noting clause 4(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. Clause 5 of the Agreement states that the Agreement commences on 1 December 2022, however s.54 of the Act provides that an enterprise agreement approved by the Commission operates from 7 days after the agreement is approved or if a later day is specified, that later date. The Agreement is approved and will operate in accordance with s.54 of the Act, with an operative date of 7 days from the date of this decision.

COMMISSIONER

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