Owen Leslie Ihlein T/A Plantforce
[2023] FWCA 1795
•26 JUNE 2023
| [2023] FWCA 1795 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Owen Leslie Ihlein T/A Plantforce
(AG2023/1803)
TRIUMPH LNTERNATIONAL (AUSTRALIA) PTY LTD WAREHOUSE STORAGE AND DISTRIBUTION ENTERPRISE AGREEMENT 2022
| Storage services | |
| COMMISSIONER MIRABELLA | MELBOURNE, 26 JUNE 2023 |
Application for approval of the Triumph International (Australia) Pty Ltd Warehouse Storage and Distribution Enterprise Agreement 2022.
Owen Leslie Ihlein T/A Plantforce has made an application for approval of an enterprise agreement known as the Triumph International (Australia) Pty Ltd Warehouse Storage and Distribution Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
I observe that clause 25.6 of the Agreement is likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 7.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 26 June 2023 and, in accordance with s.54, will operate from 3 July 2023. The nominal expiry date of the Agreement is 3 July 2026.
COMMISSIONER
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