3M Australia Pty Ltd

[2024] FWCA 972

[2024] FWCA 972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

3M Australia Pty Ltd

(AG2024/490)

3M AUSTRALIA PTY LTD – DISTRIBUTION CENTRE & UNITED WORKERS UNION COLLECTIVE AGREEMENT 2023

Storage services industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 18 MARCH 2024

Application for approval of 3M Australia Pty Ltd – Distribution Centre & United Workers Union Collective Agreement 2023

Introduction

1. 3M Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the 3M Australia Pty Ltd – Distribution Centre & United Workers Union Collective Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The notification time for the Agreement was 12 September 2023

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The Agreement was made on 20 February 2024.

Copy of the Agreement sent to Employees

1. It was unclear from the Application as to how or if a copy of the agreement was provided to employees. The Employer provided submissions that multiple copies were left in common areas and that the staff were made aware of these copies on 12 February 2024.

1. I am satisfied having regard to those submissions that the Employer has satisfied the requirements of paragraphs 5-7 of the Statement of Principles on Genuine Agreement.

NES precedence term in Clause 5(b) of the Agreement

1. Clause 35 provides for compassionate leave, however, it is silent is relation to the entitlement when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Clause 42.4 provides for family violence leave of 5 days per year rather than 10 days as prescribed by the NES. I note that in accordance with the NES precedence term in Clause 5(b) of the Agreement and the undertaking provided, these clauses will be read and interpreted in conjunction with the NES and that the NES will apply if it provides a more favourable entitlement.

Section 190 Undertakings

1. The employer provided a written undertaking. A copy of the undertaking is attached at the bottom of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to the undertakings referred to above, 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.

Section 183 Bargaining Representatives

1. The United Workers Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2024. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

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