Tyrecycle Pty Ltd
[2022] FWCA 533
•16 FEBRUARY 2022
| [2022] FWCA 533 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tyrecycle Pty Ltd
(AG2022/53)
Tyrecycle Pty Ltd - Somerton Enterprise Agreement 2021-2024
| Manufacturing and associated industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 16 FEBRUARY 2022 |
Application for approval of the Tyrecycle Pty Ltd - Somerton Enterprise Agreement 2021-2024
Tyrecycle Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Tyrecycle Pty Ltd - Somerton Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 9 February 2022.
On 9 February 2022, my Chambers sent correspondence to the parties bringing to their attention certain concerns with the agreement that did not require further action:
· The parties were informed that should the agreement be approved, the approval decision would note that the agreement will operate from 7 days after approval by the Commission pursuant to s54 of the Act.
· Clause 18 regarding abandonment could be inconsistent with the National Employment Standards however the agreement contained an effective NES precedence term at clause 8.2 which is deemed to address this potential NES concern.
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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 October 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE514994 PR738435>
0
0
0