Third Zeton Pty Ltd T/A Tieman Tankers
[2022] FWCA 4034
•22 NOVEMBER 2022
| [2022] FWCA 4034 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Third Zeton Pty Ltd T/A Tieman Tankers
(AG2022/4673)
Third Zeton Pty Ltd Trading as Tieman Tankers / AMWU Victorian Collective Workplace Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 22 NOVEMBER 2022 |
Application for approval of the Third Zeton Pty Ltd Trading as Tieman Tankers / AMWU Victorian Collective Workplace Agreement 2022
An application has been made for approval of an enterprise agreement known as the Third Zeton Pty Ltd Trading as Tieman Tankers / AMWU Victorian Collective Workplace 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 Third Zeton Pty Ltd T/A Tieman Tankers. 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. 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.
The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
I observe that clauses 10, 2, 23(b) and 24 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.5 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 “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 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 was approved on 22 November 2022 and, in accordance with s.54, will operate from 29 November 2022. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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