Harsco Metals Australia Pty Ltd

[2019] FWCA 1009

[2019] FWCA 1009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harsco Metals Australia Pty Ltd
(AG2018/7429)

HARSCO METALS LAVERTON & THE AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the Harsco Metals Laverton & The Australian Workers’ Union Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Harsco Metals Laverton & The Australian Workers’ Union Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harsco Metals Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4 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 Australian 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 February 2019 and, in accordance with s.54, will operate from 25 February 2019. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

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