Mars Australia Pty Ltd T/A Mars Petcare Australia

Case

[2023] FWCA 308

31 JANUARY 2023


[2023] FWCA 308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Petcare Australia

(AG2022/5608)

MARS PETCARE AUSTRALIA WODONGA RELIABILITY ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries

 COMMISSIONER YILMAZ

MELBOURNE, 31 JANUARY 2023

Application for approval of the Mars Petcare Australia Wodonga Reliability Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Mars Petcare Australia Wodonga Reliability 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 Mars Australia Pty Ltd T/A Mars Petcare Australia. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

  1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8(h) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Australian Workers’ Union and the Australian Manufacturing Workers’ Union  being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover then. In accordance with s.201(2) I note that the Agreement covers the organisations.

  1. The Agreement is approved and in accordance with s.54, will operate from 7 February 2023. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519043  PR750105>

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0