Recycling Industries Pty Ltd T/A Alex Fraser
[2022] FWCA 2647
•5 AUGUST 2022
| [2022] FWCA 2647 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Recycling Industries Pty Ltd T/A Alex Fraser
(AG2022/3155)
Alex Fraser Transport Agreement 2022 - 2024
| Road transport industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 5 AUGUST 2022 |
Application for approval of the Alex Fraser Transport Agreement 2022 - 2024
Recycling Industries Pty Ltd has applied for approval of an enterprise agreement known as the Alex Fraser Transport Agreement 2022 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The trading name of the Employer was not included on the Notice of Representational Rights (NERR) distributed to employees. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
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.
The Transport Workers’ Union of Australia 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.
I observe that clause 41.15(a) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.1 of the Agreement, 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 12 August 2022. The nominal expiry date of the Agreement is 30 November 2024.
COMMISSIONER
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