Lynch Manufacturing Group Pty Ltd T/A Lynch Group

Case

[2023] FWCA 977

5 APRIL 2023


[2023] FWCA 977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lynch Manufacturing Group Pty Ltd T/A Lynch Group

(AG2023/774)

LYNCH MANUFACTURING GROUP - UNITED WORKERS UNION - NATIONAL ENTERPRISE AGREEMENT 2022

Agricultural industry

COMMISSIONER SIMPSON

BRISBANE, 5 APRIL 2023

Application for approval of the Lynch Manufacturing Group - United Workers Union - National Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Lynch Manufacturing Group - United Workers Union - National 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 Lynch Manufacturing Group Pty Ltd T/A Lynch Group (the Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 8.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The United Workers’ Union (UWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the UWU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.


COMMISSIONER

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