Eptec Pty Ltd
[2018] FWCA 7632
•17 DECEMBER 2018
| [2018] FWCA 7632 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Eptec Pty Ltd
(AG2018/5924)
EPTEC PTY LTD SUBMARINE/SURFACE SHIPS SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2018
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 17 DECEMBER 2018 |
Application for approval of the Eptec Pty Ltd Submarine/Surface Ships South Australia Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Eptec Pty Ltd Submarine/Surface Ships South 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 Eptec Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in 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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 8 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2018. The nominal expiry date of the Agreement is 16 December 2022.
DEPUTY PRESIDENT
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Annexure A
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