Jamestrong Packaging Australia Pty Ltd
[2022] FWCA 3009
•1 SEPTEMBER 2022
| [2022] FWCA 3009 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Jamestrong Packaging Australia Pty Ltd
(AG2022/3519)
Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 1 SEPTEMBER 2022 |
Application for approval of the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2022.
Jamestrong Packaging Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the declaration provided by the organisations, I note that the Agreement covers those organisations.
The Agreement was approved on 1 September 2022 and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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