Shinagawa Refractories Australasia Pty Ltd
[2024] FWCA 3721
•28 OCTOBER 2024
| [2024] FWCA 3721 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Shinagawa Refractories Australasia Pty Ltd
(AG2024/3961)
SHINAGAWA REFRACTORIES AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 28 OCTOBER 2024 |
Application for approval of the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shinagawa Refractories Australasia Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
I note that Clause 24 is inconsistent with the National Employment Standards as it provides for a more stringent notice requirement than s 107 of the Act. Given the National Employment Standards precedence clause at clause 5(b) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2024. The nominal expiry date of the Agreement is 3 November 2027.
DEPUTY PRESIDENT
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