Mesh & Bar Pty Ltd
[2022] FWCA 271
•10 FEBRUARY 2022
| [2022] FWCA 271 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mesh & Bar Pty Ltd
(AG2021/9204)
Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2021
| Manufacturing and associated industries | |
| COMMISSIONER SIMPSON | BRISBANE, 10 FEBRUARY 2022 |
Application for approval of the Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as Mesh & Bar Pty Ltd Sunshine Coast Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mesh & Bar Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188, as are relevant to this application for approval, have been met.
The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement also does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Noting clause 1.4.1 of the Agreement, I am satisfied that the more beneficial entitlement of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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