Schenck Process Australia Pty Ltd

[2023] FWCA 311

[2023] FWCA 311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Schenck Process Australia Pty Ltd

(AG2022/5620)

SCHENCK PROCESS AUSTRALIA (SUNSHINE) EMPLOYEE ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 FEBRUARY 2023

Application for approval of the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement to be known as the Schenck Process Australia (Sunshine) Employee Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Schenck Process Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

1. The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Model consultation and flexibility clauses

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. 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.

Conclusion

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

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