SBS Minto Pty Ltd T/A SBS Minto Pty Ltd

[2022] FWCA 2127

[2022] FWCA 2127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SBS Minto Pty Ltd T/A SBS Minto Pty Ltd

(AG2022/1955)

SBS Minto Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 28 JUNE 2022

Application for approval of the SBS Minto Pty Ltd Enterprise Agreement 2022.

1. SBS Minto Pty Ltd T/A SBS Minto Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the SBS Minto Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. 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.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 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.

1. The Agreement was approved on 28 June 2022 and, in accordance with s.54, will operate from 5 July 2022. The nominal expiry date of the Agreement is 5 July 2025.

COMMISSIONER

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