Alto Manufacturing Pty Ltd

[2019] FWCA 7708

[2019] FWCA 7708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alto Manufacturing Pty Ltd
(AG2019/2489)

ALTO MANUFACTURING ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 8 NOVEMBER 2019

Application for approval of the Alto Manufacturing Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Alto Manufacturing 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 Alto Manufacturing Pty Ltd. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The undertaking provided by the Applicant at Annexure A of this decision clearly incorporates by reference, the ‘Alto Manufacturing Enterprise Agreement 2019 Wage Schedule’ (the Schedule) document and is therefore an enforceable term of the Agreement. The Schedule is publicly available on the Commission’s file should anyone, including an employee, request access to it.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers, 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.

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

•  Clause 18 – Abandonment of employment

•  Clause 21.1 – Notice of termination by employer

•  Clause 35.2 – Immediate family or household

However, noting clause 2 of the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2019. The nominal expiry date of the Agreement is 12 June 2023.

COMMISSIONER

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Annexure A