Nufarm Australia Limited

[2021] FWCA 1333

[2021] FWCA 1333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Nufarm Australia Limited
(AG2021/4004)

NUFARM AUSTRALIA LIMITED PIPE ROAD LAVERTON ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MARCH 2021

Application for approval of the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Nufarm Australia Limited Pipe Road Laverton 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 Nufarm Australia Limited. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers these organisations

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20.3

[5] However, noting clause 4.6 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 11 March 2021 and, in accordance with s.54, will operate from 19 March 2021. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

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