NHP Electrical Engineering Products Pty Ltd

[2021] FWCA 5157

[2021] FWCA 5157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 – Enterprise Agreement

NHP Electrical Engineering Products Pty Ltd
(AG2021/6631)

NHP ELECTRICAL ENGINEERING PRODUCTS PTY LTD LAVERTON MANUFACTURING ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 19 AUGUST 2021

Application for approval of the NHP Electrical Engineering Products Pty Ltd Laverton Manufacturing Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the NHP Electrical Engineering Products Pty Ltd Laverton Manufacturing Enterprise Agreement 2021 (Agreement). The application was made by NHP Electrical Engineering Products Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the materials filed by the Applicant, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met. 

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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) of the Act and based on the statutory declaration provide by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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