John Cotton Australia Pty Ltd

[2021] FWCA 6928

[2021] FWCA 6928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Cotton Australia Pty Ltd
(AG2021/8539)

JOHN COTTON AUSTRALIA PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020 - 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 DECEMBER 2021

Application for approval of the John Cotton Australia Pty Ltd and United Workers Union Enterprise Agreement 2020 - 2024

[1] An application has been made for approval of an enterprise agreement to be known as the John Cotton Australia Pty Ltd and United Workers Union Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by John Cotton Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2021. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

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