Chemsupply Australia Pty Ltd T/A Chemsupply Australia Pty Ltd
[2024] FWCA 3593
•14 OCTOBER 2024
| [2024] FWCA 3593 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Chemsupply Australia Pty Ltd T/A Chemsupply Australia Pty Ltd
(AG2024/3317)
| Scientific services | |
| COMMISSIONER THORNTON | ADELAIDE, 14 OCTOBER 2024 |
Application for approval of the ChemSupply Australia Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the ChemSupply Australia Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chemsupply Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement
Clause 16.5.2 of the Agreement, as it relates to withholding monies on termination of employment may be inconsistent with the National Employment Standards (NES). Noting clause 7 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.
The Agreement is approved and will operate in accordance with s.54 of the Act from 21 October 2024. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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