Oceania Glass Pty Ltd T/A Oceania Glass
[2022] FWCA 2514
•26 JULY 2022
| [2022] FWCA 2514 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Oceania Glass Pty Ltd T/A Oceania Glass
(AG2022/2411)
Oceania Glass and AWU Victorian Distribution Centres Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 26 JULY 2022 |
Application for approval of the Oceania Glass and AWU Victorian Distribution Centres Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Oceania Glass and AWU Victorian Distribution Centres 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 Oceania Glass Pty Ltd T/A Oceania Glass. 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 observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 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 Australian 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2022. The nominal expiry date of the Agreement is 30 April 2025.
COMMISSIONER
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