Xtreme Engineering Pty Ltd

[2021] FWCA 4346

[2021] FWCA 4346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Xtreme Engineering Pty Ltd
(AG2021/6034)

XTREME ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 21 JULY 2021

Application for approval of the Xtreme Engineering Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Xtreme Engineering Pty Ltd 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 Xtreme Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 1.8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act 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 Australian Workers’ Union (AWU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU and the AWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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