Incitec Pivot Limited

[2019] FWCA 2714

[2019] FWCA 2714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Limited
(AG2019/771)

INCITEC PIVOT LIMITED GIBSON ISLAND MANUFACTURING COLLECTIVE WORKPLACE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 APRIL 2019

Application for approval of the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Incitec Pivot Limited. The Agreement is a single enterprise agreement.

[2] 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] 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.

[4] I note that Clause 27.8 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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