Summit Manufacturing Pty Ltd T/A Signum Manufacturing
[2023] FWCA 812
•16 MARCH 2023
| [2023] FWCA 812 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Summit Manufacturing Pty Ltd T/A Signum Manufacturing
(AG2023/525)
Summit Manufacturing and AWU Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 16 MARCH 2023 |
Application for approval of the Summit Manufacturing and AWU Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Summit Manufacturing and AWU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Summit Manufacturing Pty Ltd T/A Signum Manufacturing. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.5 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.
The Australian Workers’ 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, will operate from 23 March 2023. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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