CQMS Razer Pty Ltd
[2022] FWCA 2807
•18 AUGUST 2022
| [2022] FWCA 2807 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
CQMS Razer Pty Ltd
(AG2022/3354)
CR Tomago Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER O'NEILL | MELBOURNE, 18 AUGUST 2022 |
Application for approval of the CR Tomago Enterprise Agreement 2022
CQMS Razer Pty Ltd has applied for approval of an enterprise agreement known as the CR Tomago Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
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.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 24.5 – Employees exempted; and
· Clause 24.6 – Employee leaving during notice period.
However, noting clause 6.3(b) 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2022. The nominal expiry date of the Agreement is 24 September 2024.
COMMISSIONER
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