Elgas Limited T/A Elgas Limited

[2022] FWCA 3501

[2022] FWCA 3501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Elgas Limited T/A Elgas Limited

(AG2022/3656)

Elgas Limited, TWU Enterprise Agreement 2022

Industries not otherwise assigned
COMMISSIONER SIMPSON	BRISBANE, 10 OCTOBER 2022

Application for approval of the Elgas Limited, TWU Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Elgas Limited, TWU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elgas Limited T/A Elgas Limited (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached at 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the TWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517711  PR746651>

Annexure A