Allnex Resins Australia Pty Ltd T/A Allnex
[2020] FWCA 483
•4 FEBRUARY 2020
| [2020] FWCA 483 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Allnex Resins Australia Pty Ltd T/A Allnex
(AG2019/4433)
ALLNEX – BOTANY – ENTERPRISE AGREEMENT 2019
Manufacturing and associated industries | |
COMMISSIONER SIMPSON | BRISBANE, 4 FEBRUARY 2020 |
Application for approval of the Allnex - Botany - Enterprise Agreement 2019.
[1] An application has been made for approval of an enterprise agreement known as the Allnex – Botany – 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 Allnex Resins Australia Pty Ltd T/A Allnex (the Applicant).
[2] The Agreement is a single enterprise agreement.
[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.
[4] 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.
[5] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[6] Mr Blake Adair-Roberts, Trade Union Officer of the Australian Workers Union (AWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AWU wants the Agreement to cover it.
[7] In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
[8] The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE506917 PR716283>
Appendix A
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