Bradken Resources Pty Ltd
[2022] FWCA 2962
•26 AUGUST 2022
| [2022] FWCA 2962 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bradken Resources Pty Ltd
(AG2022/3474)
Bradken Wodonga Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER O'NEILL | MELBOURNE, 26 AUGUST 2022 |
Application for approval of the Bradken Wodonga Enterprise Agreement 2022
Bradken Resources Pty Ltd has applied for approval of an enterprise agreement known as the Bradken Wodonga Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
I observe that clause 16.3 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.4 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2022. The nominal expiry date of the Agreement is 23 August 2025.
COMMISSIONER
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