Wagners Industrial Services Pty Ltd

[2023] FWCA 2485

[2023] FWCA 2485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wagners Industrial Services Pty Ltd

(AG2023/2579)

WAGNERS INDUSTRIAL SERVICES PTY LTD STEEL REINFORCING EMPLOYEE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 AUGUST 2023

Application for the approval of the Wagners Industrial Services Pty Ltd Steel Reinforcing Employee Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Wagners Industrial Services Pty Ltd Steel Reinforcing Employee Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wagners Industrial Services Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

1. I observe that clause 31.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 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.

1. The Agreement was approved on 10 August 2023 and, in accordance with s 54, will operate from 17 August 2023. The nominal expiry date of the Agreement is 10 August 2027.

COMMISSIONER

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