Mesh And Bar Pty Ltd
[2024] FWCA 4393
•10 DECEMBER 2024
| [2024] FWCA 4393 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mesh And Bar Pty Ltd
(AG2024/4465)
MESH & BAR PTY LTD - VIC ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER LEE | MELBOURNE, 10 DECEMBER 2024 |
Application for approval of the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mesh and Bar Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):
· Clause 7.7.3 – Public Holidays
However, noting clause 1.3.1 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2024. The nominal expiry date of the Agreement is 17 December 2027.
COMMISSIONER
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Annexure A
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