Suparest Bedding Pty. Ltd. T/A A.H. Beard
[2022] FWCA 1287
•12 APRIL 2022
| [2022] FWCA 1287 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Suparest Bedding Pty. Ltd. T/A A.H. Beard
(AG2022/944)
Suparest Bedding Pty Ltd (T/AS A.H. Beard) Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 12 APRIL 2022 |
Application for approval of the Suparest Bedding Pty Ltd (T/As A.H. Beard) Enterprise Agreement 2022
Suparest Bedding Pty. Ltd. T/A A.H. Beard (the Employer) has made an application for approval of an enterprise agreement known as the Suparest Bedding Pty Ltd (T/As A.H. Beard) Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer 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 observe that clause 28.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5(e) 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 Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 12 April 2022 and, in accordance with s 54, will operate from 19 April 2022. The nominal expiry date of the Agreement is 1 April 2025.
DEPUTY PRESIDENT
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