Rocla Pty Ltd
[2022] FWCA 2967
•29 AUGUST 2022
| [2022] FWCA 2967 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rocla Pty Ltd
(AG2022/3378)
Rocla Wodonga Poles Enterprise Agreement 2022
| Cement and concrete products | |
| COMMISSIONER YILMAZ | MELBOURNE, 29 AUGUST 2022 |
Application for approval of the Rocla Wodonga Poles Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Rocla Wodonga Poles Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rocla Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clauses 17.2.2. and 35.2.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 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, will operate from 5 September 2022. The nominal expiry date of the Agreement is 1 August 2026.
COMMISSIONER
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