Galway Refractories Pty Limited

[2020] FWCA 4964

[2020] FWCA 4964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Galway Refractories Pty Limited
(AG2020/2268)

GALWAY REFRACTORIES PTY LIMITED - REFRACTORY AND ASSOCIATED SERVICES - NATIONAL ENTERPRISE AGREEMENT - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 SEPTEMBER 2020

Application for variation of the Galway Refractories Pty Limited - Refractory and Associated Services - National Enterprise Agreement - 2020.

[1] An application has been made for approval of a variation to the Galway Refractories Pty Limited - Refractory and Associated Services - National Enterprise Agreement - 2020 (the Agreement). The application was made by Galway Refractories Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 17 February 2020. Those undertakings form part of the Agreement as varied.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 12.4(b)(iii) - Daily Hire Employees

• Clause 13.7 - Casual Employees

• Clause 34.2 - Public Holidays

• Clause 36.4 - Termination of Employment

• Clause 36.5(b) - Termination of Employment

[6] However, noting clause 8.1 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.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 16 September 2020.

COMMISSIONER

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