ContiTech Australia Pty Ltd

Case

[2018] FWCA 3349

7 JUNE 2018


[2018] FWCA 3349

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ContiTech Australia Pty Ltd

(AG2018/701)

ContiTech Australia Enterprise Agreement 2018

Manufacturing and associated industries

Commissioner Lee

MELBOURNE, 7 JUNE 2018

Application for approval of the ContiTech Australia Enterprise Agreement 2018.

  1. An application has been made for approval of an enterprise agreement known as the ContiTech Australia 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 ContiTech Australia Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. I note that clause 43 of the Agreement, which deals with abandonment of employment, does not indicate that employees will be entitled to notice of termination and is therefore inconsistent with the National Employment Standards. However, given the National Employment Standards precedence clause at clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

  1. The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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