Viva Energy Polymers Pty Ltd
[2023] FWCA 2553
•15 AUGUST 2023
| [2023] FWCA 2553 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Viva Energy Polymers Pty Ltd
(AG2023/2626)
APPLICATION FOR APPROVAL OF THE VIVA ENERGY POLYMERS PTY LTD GEELONG SITE ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| COMMISSIONER JOHNS | MELBOURNE, 15 AUGUST 2023 |
Application for approval of the Viva Energy Polymers Pty Ltd Geelong Site Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the VIVA ENERGY POLYMERS PTY LTD GEELONG SITE ENTERPRISE 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 Viva Energy Polymers Pty Ltd. 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.
However, an assessment of the Agreement has identified that several clauses may be inconsistent with the National Employment Standards (NES). In particular, terms relating to:
a)clause 10.1(f): Public holiday substitution
b)clause 7.2(e)(v): Overtime
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.
Noting the NES precedence clause (clause 4(c)), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Workers’ 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 22 August 2023. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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