Recycling Industries Pty Ltd

[2019] FWCA 8356

[2019] FWCA 8356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recycling Industries Pty Ltd
(AG2019/4517)

RECYCLING INDUSTRIES AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 DECEMBER 2019

Application for approval of the Recycling Industries Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Recycling Industries Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Recycling 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] I note that Clause 8.3 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.10 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Workers’ Union (AWU) 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2019. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

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