Tyrecycle Pty Ltd

[2019] FWCA 6578

[2019] FWCA 6578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyrecycle Pty Ltd
(AG2019/2969)

TYRECYCLE PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 SEPTEMBER 2019

Application for approval of the Tyrecycle Pty Ltd & National Union of Workers Enterprise Agreement 2018 - 2021.

[1] Tyrecycle Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Tyrecycle Pty Ltd & National Union of Workers Enterprise Agreement 2018 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that clauses 22.1.5, 36.2.1, 36.2.3, 37.5.1, 37.6 and 37.9.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.2 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.

[5] The National Union of Workers, 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.

[6] The Agreement was approved on 20 September 2019 and, in accordance with s 54, will operate from 27 September 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

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Annexure A