Nyrstar Hobart Pty Ltd
[2022] FWCA 4241
•5 DECEMBER 2022
| [2022] FWCA 4241 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Nyrstar Hobart Pty Ltd
(AG2022/4913)
Nyrstar Hobart Maintenance Enterprise Agreement 2022
| Mining industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 5 DECEMBER 2022 |
Application for approval of the Nyrstar Hobart Maintenance Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Nyrstar Hobart Maintenance Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nyrstar Hobart Pty Ltd. The Agreement is a single enterprise agreement.
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.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2022. The nominal expiry date of the Agreement is 4 December 2025.
DEPUTY PRESIDENT
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