Alpine MDF Industries Pty Limited

[2019] FWCA 1209

[2019] FWCA 1209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Alpine MDF Industries Pty Limited
(AG2018/5627)

ALPINE MDF INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2016

Timber and paper products industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 FEBRUARY 2019

Application for variation of the Alpine MDF Industries Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Alpine MDF Industries Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by Alpine MDF Industries Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] I note that clauses 11.4, 15.6.1, 16.6, 19 and 21 are inconsistent with the National Employment Standards as personal and annual leave are expressed in hours; annual leave is expressed as being available after 12 months service and casual employees do not appear to receive leave entitlements. Given the National Employment Standards precedence clause at clause 9A.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 25 February 2019.

DEPUTY PRESIDENT

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