Infrabuild Wire Pty Limited T/A InfraBuild Wire

[2021] FWCA 7129

[2021] FWCA 7129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Infrabuild Wire Pty Limited T/A InfraBuild Wire
(AG2021/8513)

INFRABUILD WIRE GEELONG WIRE MILL ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 15 DECEMBER 2021

Application for approval of the InfraBuild Wire Geelong Wire Mill Enterprise Agreement - 2021-2024

[1] An application has been made for approval of an enterprise agreement known as the InfraBuild Wire Geelong Wire Mill Enterprise Agreement - 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Infrabuild Wire Pty Limited T/A InfraBuild Wire. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 18.2 and 30.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 22 December 2021. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

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<AE514295  PR736786>