Sims Group Australia Holdings Limited T/A Sims E-Recycling Pty Ltd

[2019] FWCA 6802

[2019] FWCA 6802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Limited T/A Sims E-Recycling Pty Ltd
(AG2019/3577)

SIMS E-RECYCLING COLLECTIVE AGREEMENT VICTORIA 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 OCTOBER 2019

Application for approval of the Sims E-Recycling Collective Agreement Victoria 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sims E-Recycling Collective Agreement Victoria 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sims Group Australia Holdings Limited T/A Sims E-Recycling Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 33.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9 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.

[4] The Agreement was approved on 2 October 2019 and, in accordance with s.54, will operate from 9 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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