Allnex Resins Australia Pty Ltd T/A Allnex
[2023] FWCA 168
•18 JANUARY 2023
| [2023] FWCA 168 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Allnex Resins Australia Pty Ltd T/A Allnex
(AG2022/5448)
ALLNEX - BOTANY - ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 18 JANUARY 2023 |
Application for approval of the Allnex - Botany - Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Allnex - Botany - Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Allnex Resins Australia Pty Ltd T/A Allnex (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 17 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Model flexibility clause
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.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2023. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
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<AE518916 PR749756>
Annexure A
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