Incitec Pivot Limited
[2024] FWCA 1122
•28 MARCH 2024
| [2024] FWCA 1122 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Incitec Pivot Limited
(AG2024/630)
INCITEC PIVOT LIMITED GIBSON ISLAND PDC MAINTENANCE ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER DURHAM | BRISBANE, 28 MARCH 2024 |
Application for approval of the Incitec Pivot Limited Gibson Island PDC Maintenance Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Incitec Pivot Limited Gibson Island PDC Maintenance Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
On 26 March 2024, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clause 3.1. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2024. The nominal expiry date of the Agreement is 28 March 2027.
COMMISSIONER
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