AMR Hewitts PrintPackaging Pty Ltd

[2020] FWCA 6959

[2020] FWCA 6959

The attached document replaces the document previously issued with the above code on 21 December 2020.

Incorrect title of Agreement in the heading.

Associate to Commissioner Lee

Dated 22 December 2020

[2020] FWCA 6959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMR Hewitts PrintPackaging Pty Ltd
(AG2020/3523)

AMR HEWITTS PRINTPACKAGING WORKPLACE AGREEMENT 2020

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 21 DECEMBER 2020

Application for approval of the AMR Hewitts PrintPackaging Workplace Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AMR Hewitts PrintPackaging Workplace Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AMR Hewitts PrintPackaging 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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) I note that the Agreement covers the organisation.

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

•  Clause 24.2 – Annual Leave;

•  Clause 25 – Personal Leave; and

•  Any inconsistencies which may arise by way of incorporation of the Graphic Arts General Award 2000 as per clause 6.1.

However, noting clause 6.5 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 lodged contained an error on page 3. On 15 December 2020, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509913  PR725716>

Annexure A