Alpine MDF Industries Pty Ltd

[2020] FWCA 2678

[2020] FWCA 2678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpine MDF Industries Pty Ltd
(AG2020/1162)

ALPINE MDF INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 21 MAY 2020

Application for approval of the Alpine MDF Industries Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Alpine MDF Industries Pty Ltd 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 Alpine MDF Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Alpine MDF Industries Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen. I note that the group is unchanged from that which is covered by the enterprise agreement the Agreement will replace.

[3] I note that the statutory declarations received by way of a Form F17 from Alpine MDF Industries Pty Ltd and a Form F18 from the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) were signed, but not witnessed due to COVID-19 restrictions. I have determined to dispense with the requirement for statutory declarations to be witnessed pursuant to rule 6 of the Fair Work Commission Rules 2013.

[4] I note there is a National Employment Standards (NES) precedence clause at Clause 9A.1 of the Agreement to the effect that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The AMWU, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by each of these organisations, I note that the Agreement covers these organisations.

[7] The Agreement was approved on 21 May 2020 and, in accordance with s.54, will operate from 28 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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