Nyrstar Hobart Pty Ltd T/A Nyrstar Hobart

[2020] FWCA 724

[2020] FWCA 724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nyrstar Hobart Pty Ltd T/A Nyrstar Hobart
(AG2019/4844)

NYRSTAR HOBART MAINTENANCE ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the Nyrstar Hobart Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nyrstar Hobart Maintenance Enterprise Agreement 2018 (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 T/A Nyrstar Hobart. The Agreement is a single enterprise agreement.

[2] 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] I note that Clauses 5.1 and 5.3 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] 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 (AMWU) 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 17 February 2022.

DEPUTY PRESIDENT

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