Galway Refractories Pty Ltd T/A Galway Refractories

[2023] FWCA 3009

[2023] FWCA 3009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Galway Refractories Pty Ltd T/A Galway Refractories

(AG2023/3059)

GALWAY REFRACTORIES PTY LIMITED – REFRACTORY AND ASSOCIATED SERVICES – NATIONAL ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 18 SEPTEMBER 2023

Application for approval of the Galway Refractories Pty Ltd Refractory and Associated Services National Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Galway Refractories Pty Limited – Refractory and Associated Services – National Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Galway Refractories Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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 ss.186, 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 6 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 Agreement is approved and will operate from 2 October 2023 in accordance with s.54(1)(b) of the Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521542  PR766326>