Robert Davidson of Davidson Workplace Solutions Pty Ltd
[2023] FWCA 1598
•2 JUNE 2023
| [2023] FWCA 1598 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Robert Davidson of Davidson Workplace Solutions Pty Ltd
(AG2023/1378)
GILBARCO AUSTRALIA PTY LTD - SERVICE AND INSTALL ENTERPRISE AGREEMENT, 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 2 JUNE 2023 |
Application for approval of the Gilbarco Australia Pty Ltd – Service and Install Enterprise Agreement, 2023.
An application has been made for approval of an enterprise agreement known as the Gilbarco Australia Pty Ltd – Service and Install Enterprise Agreement, 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robert Davidson of Davidson Workplace Solutions Pty Ltd. The Agreement is a single enterprise agreement.
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.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 31 December 2024.
DEPUTY PRESIDENT
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