Koppers Carbon Materials & Chemicals Pty Ltd

[2021] FWCA 5630

[2021] FWCA 5630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Koppers Carbon Materials & Chemicals Pty Ltd
(AG2021/6874)

KOPPERS CARBON MATERIALS & CHEMICALS PTY LTD 2021 ENTERPRISE AGREEMENT

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the Koppers Carbon Materials & Chemicals Pty Ltd 2021 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Koppers Carbon Materials & Chemicals Pty Ltd 2021 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Koppers Carbon Materials & Chemicals Pty Ltd. 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. The undertakings are taken to be a term of 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 note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 25.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Workers’ Union 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 28 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A