Gliderol International Pty Ltd
[2023] FWCA 985
•4 APRIL 2023
| [2023] FWCA 985 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Gliderol International Pty Ltd
(AG2023/746)
GLIDEROL GARAGE DOORS PRODUCTION EMPLOYEES (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 4 APRIL 2023 |
Application for approval of the Gliderol Garage Doors Production Employees (South Australia) Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Gliderol Garage Doors Production Employees (South Australia) 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 Gliderol International Pty Ltd. The Agreement 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. 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.
The Agreement lodged contained an error at page 28 and 48. On 31 March 2023, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.44 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 was approved on 4 April 2023 and, in accordance with s.54, will operate from 11 April 2023. The nominal expiry date of the Agreement is 4 April 2026.
COMMISSIONER
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