Allthread Industries Pty Limited

[2019] FWCA 4881

[2019] FWCA 4881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Allthread Industries Pty Limited
(AG2019/2211)

ALLTHREAD INDUSTRIES PTY LIMITED COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 12 JULY 2019

Application for approval of the Allthread Industries Pty Limited Collective Agreement 2019.

[1] An application (Form F16) has been filed by Allthread Industries Pty Limited(the applicant) for the approval of an enterprise agreement known as the Allthread Industries Pty Limited Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] 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.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), 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) of the Act, I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 7.1(f) – Annual Leave states that annual leave loading does not apply to pay in lieu of accrued but unused leave on termination of employment, which appears to be contrary to s.90(2) of the Act;

•  Clause 8(c) – Public Holidays states that where an employee is absent the working day before or the working day after a public holiday without reasonable excuse or without the consent of the company, the employee will not be entitled to payment for the public holiday. This appears to be contrary to s.114 of the Act.

[5] However, noting clause 4(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

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