Koppers Carbon Materials & Chemicals Pty Ltd
[2024] FWCA 3637
•21 OCTOBER 2024
| [2024] FWCA 3637 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Koppers Carbon Materials & Chemicals Pty Ltd
(AG2024/3658)
KOPPERS CARBON MATERIALS & CHEMICALS PTY LTD 2024 ENTERPRISE AGREEMENT
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 21 OCTOBER 2024 |
Application for approval of the Koppers Carbon Materials & Chemicals Pty Ltd 2024 Enterprise Agreement.
An application has been made for approval of an enterprise agreement to be known as the Koppers Carbon Materials & Chemicals Pty Ltd 2024 Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Koppers Carbon Materials & Chemicals Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 17 October 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020 and Miscellaneous Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Australian Workers’ Union (AWU), and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Workplace delegates’ rights clause
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2024. The nominal expiry date of the Agreement is 28 April 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526431 PR780380>
ANNEXURE A
0
0
0