Wesbeam Pty Ltd T/A Wesbeam
[2023] FWCA 160
•17 JANUARY 2023
| [2023] FWCA 160 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wesbeam Pty Ltd T/A Wesbeam
(AG2022/5500)
WESBEAM PTY LTD & CFMMEU ENTERPRISE AGREEMENT (VICTORIAN OPERATIONS) 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 17 JANUARY 2023 |
Application for approval of the Wesbeam Pty Ltd & CFMMEU Enterprise Agreement (Victorian Operations) 2022
An application has been made for approval of an enterprise agreement known as the Wesbeam Pty Ltd & CFMMEU Enterprise Agreement (Victorian Operations) 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesbeam Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 17.2.4 – Compassionate Leave
· Clause 17.2.5 – Compassionate Leave
However, noting clause 4.1.4 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.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 3 October 2025.
DEPUTY PRESIDENT
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