Gilbarco Australia Pty Ltd

[2019] FWCA 4252

[2019] FWCA 4252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbarco Australia Pty Ltd
(AG2019/804)

GILBARCO AUSTRALIA PTY LTD TASMANIAN BRANCH ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 19 JUNE 2019

Application for approval of the Gilbarco Australia Pty Ltd Tasmanian Branch Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd Tasmanian Branch Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gilbarco Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3(d) 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 June 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

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