Western Precast Pty Ltd
[2022] FWCA 4109
•23 NOVEMBER 2022
| [2022] FWCA 4109 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Western Precast Pty Ltd
(AG2022/4520)
WESTERN PRECAST PTY LTD & THE AUSTRALIAN WORKERS UNION (NSW BRANCH) ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 23 NOVEMBER 2022 |
Application for approval of the Western Precast Pty Ltd & The Australian Workers’ Union (NSW Branch) Enterprise Agreement 2022
Western Recast Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Western Precast Pty Ltd & The Australian Workers Union (NSW Branch) Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 186, 187 and 188
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.
National Employment Standards (NES)
I observe that clauses 12(vii) and 16.1.7 of the Agreement may be inconsistent with the NES. However, noting clause 5(b) 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.
Section 183 Bargaining representatives
The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the AWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 30 November 2022. The nominal expiry date of the Agreement is 29 August 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE518279 PR748212>
0
0
0