Incitec Pivot Limited T/A Incitec Pivot Limited
[2022] FWCA 1230
•7 APRIL 2022
| [2022] FWCA 1230 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Incitec Pivot Limited T/A Incitec Pivot Limited
(AG2022/964)
Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MOLTONI | BRISBANE, 7 APRIL 2022 |
Application for the approval of the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2022
An application has been made for approval of an enterprise agreement known as the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace 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 Incitec Pivot Limited (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
Noting clause 4.7 of the Agreement, 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.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
DEPUTY PRESIDENT
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