Viridian Glass Pty Ltd
[2022] FWCA 93
•13 JANUARY 2022
| [2022] FWCA 93 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Viridian Glass Pty Ltd
(AG2021/8870)
Viridian glass pty limited ingelburn enterprise agreement 2021
| Manufacturing and associated industries | |
| Commissioner Matheson | SYDNEY, 13 JANUARY 2022 |
Application for approval of the Viridian Glass Pty Limited Ingleburn Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Viridian Glass Pty Limited Ingleburn Enterprise Agreement 2021 (Agreement). The application was made by Viridian Glass Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
Since the application was made, the Commission sought further information in relation to pre-approval requirements. The Applicant provided further information in response on 12 January 2022.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
The Australian Workers’ Union and Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2022. The nominal expiry date of the Agreement is 30 June 2022.
COMMISSIONER
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