Gale Pacific Ltd
[2022] FWCA 1530
•9 MAY 2022
| [2022] FWCA 1530 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Gale Pacific Ltd
(AG2022/1255)
GALE Pacific Limited Enterprise Agreement 2022
| Textile industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 9 MAY 2022 |
Application for approval of the GALE Pacific Limited Enterprise Agreement 2022
Gale Pacific Ltd has applied for approval of an enterprise agreement known as the GALE Pacific Limited Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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.
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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
I observe that clause 44.4(a) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 10 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2022. The nominal expiry date of the Agreement is 1 March 2025.
COMMISSIONER
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