SGS Australia Pty Ltd
[2022] FWCA 3686
•21 OCTOBER 2022
| [2022] FWCA 3686 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
SGS Australia Pty Ltd
(AG2022/4161)
SGS AUSTRALIA HUNTER VALLEY ENTERPRISE AGREEMENT 2022
| Scientific services | |
| COMMISSIONER P RYAN | SYDNEY, 21 OCTOBER 2022 |
Application for approval of the SGS Australia Hunter Valley Enterprise Agreement 2022
SGS Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the SGS Australia Hunter Valley Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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.
Section 186, 187, 188 and 190
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.
National Employment Standards
I observe that clauses 21.1, 34.4(c), 40.1, 40.3(a) and 41.2 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement and the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining Representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 28 October 2022. The nominal expiry date of the Agreement is 28 October 2025.
COMMISSIONER
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