Waco Kwikform Ltd T/A Waco Kwikform
[2023] FWCA 54
•9 JANUARY 2023
| [2023] FWCA 54 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Waco Kwikform Ltd T/A Waco Kwikform
(AG2022/5390)
WACO KWIKFORM / AGL LOY YANG POWER STATION AND LOY YANG MINE ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 9 JANUARY 2023 |
Application for approval of the Waco Kwikform / AGL Loy Yang Power Station and Loy Yang Mine Enterprise Agreement 2022
Waco Kwikform Ltd has applied for approval of an enterprise agreement known as the Waco Kwikform / AGL Loy Yang Power Station and Loy Yang Mine Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.
I observe that clause 21.5 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2023. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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