Netafim Australia Pty Ltd
[2022] FWCA 4490
•21 DECEMBER 2022
| [2022] FWCA 4490 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Netafim Australia Pty Ltd
(AG2022/5184)
Netafim Australia Pty Ltd Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 21 DECEMBER 2022 |
Application for approval of the Netafim Australia Pty Ltd Enterprise Agreement 2022
Netafim Australia Pty Ltd has applied for approval of an enterprise agreement known as the Netafim Australia Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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.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 United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
I observe that clause 13 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 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 28 December 2022. The nominal expiry date of the Agreement is 31 July 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518644 PR749061>
Annexure A
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