XRF Labware Pty Ltd T/A XRF Labware

[2020] FWCA 1407

[2020] FWCA 1407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

XRF Labware Pty Ltd T/A XRF Labware
(AG2020/249)

XRF LABWARE PTY LTD AND AWU ENTERPRISED BASED AGREEMENT 2019-2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 MARCH 2020

Application for approval of the XRF Labware Pty Ltd and AWU Enterprised Based Agreement 2019-2022.

[1] XRF Labware Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the XRF Labware Pty Ltd and AWU Enterprised Based Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

[3] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I observe that clause 36.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.7 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.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 17 March 2020 and, in accordance with s 54, will operate from 24 March 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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