Wilmar Sugar Pty Ltd T/A Wilmar Sugar
[2022] FWCA 516
•15 FEBRUARY 2022
| [2022] FWCA 516 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wilmar Sugar Pty Ltd T/A Wilmar Sugar
(AG2021/9292)
Yarraville Bioethanol Site Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 15 FEBRUARY 2022 |
Application for approval of the Yarraville Bioethanol Site Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Yarraville Bioethanol Site Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilmar Sugar Pty Ltd T/A Wilmar Sugar. The Agreement 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Workers’ 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2022. The nominal expiry date of the Agreement is 30 November 2025.
DEPUTY PRESIDENT
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