G.H. Varley Pty Ltd

Case

[2024] FWCA 2536

9 JULY 2024


[2024] FWCA 2536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G.H. Varley Pty Ltd

(AG2024/2357)

G H VARLEY POWER SERVICES PTY LIMITED SITE ENTERPRISE AGREEMENT 2024 - 2027

Manufacturing and associated industries

COMMISSIONER CRAWFORD

SYDNEY, 9 JULY 2024

Application for approval of the G.H. Varley Pty Limited Power Services Site Enterprise Agreement 2024-2027

  1. An application has been made for approval of an enterprise agreement known as the G H Varley Power Services Pty Limited Site Enterprise Agreement 2024 - 2027 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by G.H. Varley Pty Ltd. The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

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

  1. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AMWU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

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