Onefortyone Wood Products Pty Ltd T/A Onefortyone

[2022] FWCA 3479

[2022] FWCA 3479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Onefortyone Wood Products Pty Ltd T/A Onefortyone

(AG2022/3926)

OneFortyOne Wood Products Pty Ltd Mt Gambier Union Enterprise Agreement 2022

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2022

Application for approval of the OneFortyOne Wood Products Pty Ltd Mt Gambier Union Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the OneFortyOne Wood Products Pty Ltd Mt Gambier Union 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 Onefortyone Wood Products Pty Ltd T/A Onefortyone. The Agreement is a single enterprise agreement.

1. 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.

1. The Construction, Forestry, Maritime, Mining and Energy 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 15.1 – Abandonment of Employment.

·   Clause 44(b) – Public Holidays.

However, noting clause 6.7 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2022. The nominal expiry date of the Agreement is 1 October 2024.

COMMISSIONER

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