RLA Polymers Pty Ltd
[2023] FWCA 1654
•7 JUNE 2023
| [2023] FWCA 1654 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
RLA Polymers Pty Ltd
(AG2023/1528)
RLA POLYMERS PTY LTD KILSYTH ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 7 JUNE 2023 |
Application for approval of the RLA Polymers Pty Ltd Kilsyth Enterprise Agreement 2023.
RLA Polymers Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the RLA Polymers Pty Ltd Kilsyth Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 6.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 7 June 2023 and, in accordance with s.54, will operate from 14 June 2023. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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