Byrnecut Australia Pty Ltd

[2021] FWCA 3507

[2021] FWCA 3507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Byrnecut Australia Pty Ltd
(AG2021/5355)

BYRNECUT AUSTRALIA ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JUNE 2021

Application for approval of the Byrnecut Australia Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Byrnecut Australia Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Byrnecut Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.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.

[4] I note that several Clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 8.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2021. The nominal expiry date of the Agreement is 16 June 2025.

DEPUTY PRESIDENT

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