Rz Net Pty Ltd T/A Rz Net Pty Ltd
[2023] FWCA 341
•3 FEBRUARY 2023
| [2023] FWCA 341 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rz Net Pty Ltd T/A Rz Net Pty Ltd
(AG2022/5603)
RZ NET PTY LTD ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| COMMISSIONER LEE | MELBOURNE, 3 FEBRUARY 2023 |
Application for approval of the RZ Net Pty Ltd Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the RZ Net Pty Ltd 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 Rz Net Pty Ltd T/A Rz Net Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 11 – termination of employment
· Clause 12(b) - redundancy
However, noting clause 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 of the Act, will operate from 10 February 2023. The nominal expiry date of the Agreement is 3 February 2027.
COMMISSIONER
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<AE519071 PR750201>
Annexure A
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