Keech Castings Australia Pty Limited

[2019] FWCA 3645

[2019] FWCA 3645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keech Castings Australia Pty Limited
(AG2018/7307)

KEECH CASTINGS AUSTRALIA PTY LTD COLLECTIVE AGREEMENT 2018

Clerical industry
COMMISSIONER LEE	MELBOURNE, 27 MAY 2019

Application for approval of the Keech Castings Australia Pty Ltd Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Keech Castings Australia Pty Ltd Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keech Castings Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 11.1 – Casual Employment

•  Clause 33 – Abandonment of Employment.

However, noting clause 5.1.3 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 26 May 2022.

COMMISSIONER

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Annexure A