CRC Industries (Aust) Pty Ltd
[2018] FWCA 7154
•22 NOVEMBER 2018
| [2018] FWCA 7154 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
CRC Industries (Aust) Pty Ltd
(AG2018/4672)
CRC Industries (Aust) Pty Ltd and the Australian Workers' Union (NSW Branch) Enterprise Agreement 2018
| Manufacturing and associated industries | |
| Deputy President Colman | MELBOURNE, 22 NOVEMBER 2018 |
Application for approval of the CRC Industries (Aust) Pty Ltd and the Australian Workers' Union (NSW Branch) Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the CRC Industries (Aust) Pty Ltd and the Australian Workers’ Union (NSW Branch) 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 CRC Industries (Aust) Pty Ltd. The agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying statutory declaration, 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.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4 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.
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.
The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 22 November 2018 and, in accordance with s.54, will operate from 29 November 2018. The nominal expiry date of the Agreement is 31 December 2018.
DEPUTY PRESIDENT
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