Mars Australia Pty Ltd T/A Mars Petcare Australia
[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
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.
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.
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.
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.
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
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