Chromaflo Technologies Australia Pty Ltd

[2023] FWCA 1201

[2023] FWCA 1201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Chromaflo Technologies Australia Pty Ltd

(AG2023/1005)

CHROMAFLO AUSTRALIA ENTERPRISE AGREEMENT 2023 - 2027

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 27 APRIL 2023

Application for approval of the Chromaflo Australia Enterprise Agreement 2023 - 2027

1. An application has been made for approval of an enterprise agreement known as the Chromaflo Australia Enterprise Agreement 2023 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applicant. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 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.

1. 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.

1. The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement.  In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 27 April 2023 and, in accordance with s 54, will operate from 4 May 2023. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

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