Potters Industries Pty Ltd

[2019] FWCA 4764

[2019] FWCA 4764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Potters Industries Pty Ltd
(AG2019/2171)

AWU/POTTERS INDUSTRIES PTY LTD CERTIFIED AGREEMENT, 2018-2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 9 JULY 2019

Application for approval of the AWU/Potters Industries Pty Ltd Certified Agreement, 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the AWU/Potters Industries Pty Ltd Certified Agreement, 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Potters Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I observe that clause 25.1 is likely to be inconsistent with the National Employment Standards (NES).

[5] However, noting clause 3.3 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 9 July 2019 and, in accordance with s.54, will operate from 16 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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