PBE Rutherford Mining Pty Ltd
[2022] FWCA 27
•6 JANUARY 2022
| [2022] FWCA 27 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
PBE Rutherford Mining Pty Ltd
(AG2021/8951)
PBE Rutherford Mining Pty Ltd Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 6 JANUARY 2022 |
Application for approval of the PBE Rutherford Mining Pty Ltd Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement to be known as the PBE Rutherford Mining Pty Ltd Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by PBE Rutherford Mining Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2022. The nominal expiry date of the Agreement is 16 September 2024.
DEPUTY PRESIDENT
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