Kirby HVAC&R Pty Ltd
[2023] FWCA 2843
•5 SEPTEMBER 2023
| [2023] FWCA 2843 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kirby HVAC&R Pty Ltd
(AG2023/2979)
KIRBY HVAC&R PTY LTD NATIONAL DISTRIBUTION CENTRE AND OPERATIONS ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 5 SEPTEMBER 2023 |
Application for approval of the KIRBY HVAC&R Pty Ltd National Distribution Centre and Operations Enterprise Agreement 2023.
Kirby HVAC&R Pty Ltd (the Employer) has made an application for the approval of the KIRBY HVAC&R Pty Ltd National Distribution Centre and Operations Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
I note that Schedule B.7.2 – Granting Leave in Advance may be unenforceable under s.324 of the Act.
I note that Clause 7.6 – Compassionate Leave is potentially inconsistent with the National Employment Standards (NES). Noting the NES Precedence Clause at 1.6.5, 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 (AMWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2023. The nominal expiry date of the Agreement is 1 July 2026.
DEPUTY PRESIDENT
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