Wettenhalls Services Pty Ltd
[2024] FWCA 599
•15 FEBRUARY 2024
| [2024] FWCA 599 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wettenhalls Services Pty Ltd
(AG2024/30)
WETTENHALLS SERVICES ENTERPRISE AGREEMENT 2023
| Road transport industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 15 FEBRUARY 2024 |
Application for approval of the Wettenhalls Services Enterprise Agreement 2023
Wettenhalls Services Pty Ltd applies under s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Wettenhalls Services Enterprise Agreement 2023 (Agreement).
I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 26.16 – Public holidays; and
· Clause 26.18 – Notice.
However, noting clause 3.3 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 Transport Workers’ Union of Australia, 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 22 February 2024. The nominal expiry date of the Agreement is 30 November 2027.
DEPUTY PRESIDENT
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