Lincoln Sentry Group Pty Ltd

Case

[2022] FWCA 4461

16 DECEMBER 2022


[2022] FWCA 4461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lincoln Sentry Group Pty Ltd

(AG2022/5137)

Lincoln Sentry Bayswater Enterprise Agreement 2022

Storage services

DEPUTY PRESIDENT MASSON

MELBOURNE, 16 DECEMBER 2022

Application for approval of the Lincoln Sentry Bayswater Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the Lincoln Sentry Bayswater Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lincoln Sentry Group Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

  1. The United Workers’ Union being a bargaining representative for the Agreement, 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 organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2022. The nominal expiry date of the Agreement is 6 December 2026.

DEPUTY PRESIDENT

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