Conplant Pty Ltd
[2022] FWCA 3059
•2 SEPTEMBER 2022
| [2022] FWCA 3059 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Conplant Pty Ltd
(AG2022/3397)
Conplant Pty Ltd Enterprise Agreement 2022 - 2025
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 2 SEPTEMBER 2022 |
Application for approval of the Conplant Pty Ltd Enterprise Agreement 2022 – 2025.
Conplant Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Conplant Pty Ltd Enterprise Agreement 2022 - 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 5.4.5(b) – Deduction of monies on termination
· Clause 5.6 – Deduction of monies on termination
· Clause 5.5.4 – Redundancy
However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 2 September 2022 and, in accordance with s.54, will operate from 9 September 2022. The nominal expiry date of the Agreement is 9 September 2025.
COMMISSIONER
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Annexure A
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