Allnex Resins Australia Pty Ltd T/A Allnex
[2023] FWCA 2569
•23 AUGUST 2023
| [2023] FWCA 2569 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Allnex Resins Australia Pty Ltd T/A Allnex
(AG2023/2305)
ALLNEX WACOL UNION COLLECTIVE AGREEMENT 2023
| Manufacturing and associated industries | |
| COMMISSIONER DURHAM | BRISBANE, 23 AUGUST 2023 |
Application for approval of the Allnex Wacol Union Collective Agreement 2023
An application has been made for approval of an enterprise agreement known as the Allnex Wacol Union Collective Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allnex Resins Australia Pty Ltd T/A Allnex (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement does not contain a model flexibility term compliant with the Act. 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.
On 10 August 2023, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clause 11 and 13. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration 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 the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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