Opal Packaging Australia Pty Ltd T/A Opal Bag Solutions
[2022] FWCA 2173
•29 JUNE 2022
[2022] FWCA 2173
The attached document replaces the document previously issued with the above code on 25 July 2022.
Publication ID inserted.
Associate to Commissioner Ryan
Dated 26 July 2022
| [2022] FWCA 2173 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Opal Packaging Australia Pty Ltd T/A Opal Bag Solutions
(AG2022/1932)
| Graphic Arts | |
| COMMISSIONER P RYAN | SYDNEY, 29 JUNE 2022 |
Application for approval of the Opal Bag Solutions Revesby Enterprise Agreement 2022
Opal Packaging Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Opal Bag Solutions Revesby Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Sections 186, 187 and 188
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.
National Employment Standards (NES)
I observe that clauses dealing with compassionate leave, parental leave, public holidays, notice of termination and redundancy may be inconsistent with the NES. However, noting clause 5(d) of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) of the Act, I note that the Agreement covers the AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2022. The nominal expiry date of the Agreement is 6 July 2025.
COMMISSIONER
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<AE516491 PR743202>
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