Interflow Resources Pty Ltd

[2023] FWCA 1113

[2023] FWCA 1113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Interflow Resources Pty Ltd

(AG2023/948)

INTERFLOW RESOURCES PTY LTD VICTORIA WORKPLACE AGREEMENT 2022-2026

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 19 APRIL 2023

Application for approval of the Interflow Resources Pty Ltd Victoria Workplace Agreement 2022 - 2026

1. An application has been made for approval of an enterprise agreement known as the Interflow Resources Pty Ltd Victoria Workplace Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interflow Resources Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. I observe that clause 22.3 of the Agreement, concerning substitution of a public holiday may 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.

1. 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.

1. The Agreement is approved and in accordance with s.54, will operate from 26 April 2023. The nominal expiry date of the Agreement is 26 April 2027.

COMMISSIONER
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