GMR Interiors Pty Ltd T/A GMR Interiors
[2022] FWCA 3451
•6 OCTOBER 2022
| [2022] FWCA 3451 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
GMR Interiors Pty Ltd T/A GMR Interiors
(AG2022/3969)
GMR Interiors Pty Ltd Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 6 OCTOBER 2022 |
Application for approval of the GMR Interiors Pty Ltd Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the GMR Interiors Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GMR Interiors Pty Ltd T/A GMR Interiors. 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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 8.1.4 – Summary Dismissal.
However, noting clause 1.5 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 is approved and, in accordance with s.54 of the Act, will operate from 13 October 2022. The nominal expiry date of the Agreement is 6 October 2025.
COMMISSIONER
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