Degree C Pty Ltd
[2018] FWCA 7514
•11 DECEMBER 2018
| [2018] FWCA 7514 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Degree C Pty Ltd
(AG2018/4629)
Degree C Pty Ltd Enterprise Agreement 2018 - 2022[Fabrication Division]
| Manufacturing and associated industries | |
| Commissioner Harper-Greenwell | MELBOURNE, 11 DECEMBER 2018 |
Application for approval of the Degree C Pty Ltd Enterprise Agreement 2018-2022 [Fabrication Division].
An application has been made for approval of an enterprise agreement known as the Degree C Pty Ltd Enterprise Agreement 2018-2022 [Fabrication Division] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Degree C Pty Ltd. The Agreement 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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 “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.
The Agreement was approved on 11 December 2018 and, in accordance with s.54, will operate from 18 December 2018. The nominal expiry date of the Agreement is 26 August 2022.
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