Wingham Beef Exports Pty Ltd
[2021] FWCA 900
•18 FEBRUARY 2021
| [2021] FWCA 900 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wingham Beef Exports Pty Ltd
(AG2021/123)
WINGHAM BEEF EXPORTS MAINTENANCE ENTERPRISE AGREEMENT 2021
Manufacturing and associated industries | |
COMMISSIONER YILMAZ | MELBOURNE, 18 FEBRUARY 2021 |
Application for approval of the Wingham Beef Exports Maintenance Enterprise Agreement 2021.
[1] An application has been made for approval of an enterprise agreement known as the Wingham Beef Exports Maintenance 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 Wingham Beef Exports Pty Ltd. The Agreement is a single enterprise agreement.
[2] 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.
[3] I observe that clause 38.8 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.6 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.
[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
[5] The Agreement is approved and in accordance with s.54, will operate from 25 February 2021. The nominal expiry date of the Agreement is 12 January 2025.
COMMISSIONER
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