Bremco Metal Products Pty Ltd T/A Bremco Metal Products
[2019] FWCA 1754
•18 MARCH 2019
| [2019] FWCA 1754 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bremco Metal Products Pty Ltd T/A Bremco Metal Products
(AG2018/6056)
BREMCO METAL PRODUCTS PTY LTD PRODUCTION, ADMINISTRATION AND SALES EMPLOYEES' ENTERPRISE AGREEMENT 2018
Manufacturing and associated industries | |
COMMISSIONER HARPER-GREENWELL | MELBOURNE, 18 MARCH 2019 |
Application for approval of the Bremco Metal Products Pty Ltd Production, Administration and Sales Employees' Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Bremco Metal Products Pty Ltd Production, Administration and Sales Employees’ Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bremco Metal Products Pty Ltd T/A Bremco Metal Products. The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, 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.
[4] I observe that clause 7.5.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.6 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.
[5] The Agreement was approved on 18 March 2019 and, in accordance with s.54, will operate from 25 March 2019. The nominal expiry date of the Agreement is 18 March 2023.
COMMISSIONER
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Annexure A
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