Blowcon - A TricorBraun Company
[2023] FWCA 3168
•2 OCTOBER 2023
| [2023] FWCA 3168 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Blowcon - A TricorBraun Company
(AG2023/3343)
APPLICATION FOR APPROVAL OF THE BLOWCON - A TRICORBRAUN COMPANY AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER JOHNS | MELBOURNE, 2 OCTOBER 2023 |
Application for approval of the Blowcon - A TricorBraun Company and United Workers Union Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the BLOWCON - A TRICORBRAUN COMPANY AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blowcon - A TricorBraun Company. 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.
An assessment of the Agreement has identified a clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:
a)Clause 32.5: Compassionate leave.
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.
Noting the NES precedence clause (clause 7.3), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2023. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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