Allnex Resins Australia Pty Ltd T/A Allnex

[2020] FWCA 1424

[2020] FWCA 1424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allnex Resins Australia Pty Ltd T/A Allnex
(AG2020/405)

ALLNEX - SPRINGVALE - SITE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 MARCH 2020

Application for approval of the Allnex - Springvale - Site Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Allnex - Springvale - Site Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LLNEX Resins Australia Pty Ltd t/a Allnex. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 34 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 14 of the Agreement, I am satisfied that the 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 wants the Agreement to cover it. In accordance with s.201(2) 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 31 October 2022.

COMMISSIONER

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<AE507448  PR717567>

Annexure A: