Premoso Pty Ltd

[2021] FWCA 2122

[2021] FWCA 2122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Premoso Pty Ltd
(AG2021/4527)

PREMOSO ENTERPRISE AGREEMENT 2021-2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 APRIL 2021

Application for approval of the Premoso Enterprise Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the Premoso Enterprise Agreement 2021-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premoso Pty Ltd. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing 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.

[5] I observe that clause 17 of the Agreement is likely to be inconsistent with the National Employment Standards. However, noting the undertaking provided by the employer, 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 16 April 2021 and, in accordance with s.54, will operate from 7 days from the date of approval of the Agreement, being 23 April 2021. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

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<AE511124  PR728736>

ANNEXURE A