Gippsland NDT Pty Ltd

[2021] FWCA 3990

[2021] FWCA 3990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland NDT Pty Ltd
(AG2021/5812)

GIPPSLAND NDT AND AMWU LOY YANG A AND LOY YANG B POWER STATIONS - OUTAGE AND PROJECT AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 9 JULY 2021

Application for approval of the Gippsland NDT and AMWU Loy Yang A and Loy Yang B Power Stations - Outage and Project Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gippsland NDT and AMWU Loy Yang A and Loy Yang B Power Stations - Outage and Project Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gippsland NDT 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 20.5.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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] 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.

[5] The Australian Manufacturing Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 16 July 2021. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

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