Manildra Energy Australia Pty Ltd t/a Manildra Energy

[2020] FWCA 3104

[2020] FWCA 3104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manildra Energy Australia Pty Ltd t/a Manildra Energy
(AG2020/1518)

MANILDRA GROUP (ALTONA AND WEST MELBOURNE) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 12 JUNE 2020

Application for approval of the Manildra Group (Altona and West Melbourne) Enterprise Agreement 2019.

[1] Manildra Energy has applied for approval of a single enterprise agreement known as the Manildra Group (Altona and West Melbourne) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Manildra Energy sought to correct an error in the original application, by filing an amended statutory declaration. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the amended application and further information provided on request of the Commission, 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.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 12 June 2020 and, in accordance with s.54, will operate from 19 June 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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