ANCA Pty Ltd T/A ANCA Pty Ltd

[2020] FWCA 4966

[2020] FWCA 4966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ANCA Pty Ltd T/A ANCA Pty Ltd
(AG2020/2530)

ANCA PTY LTD ENTERPRISE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 16 SEPTEMBER 2020

Application for variation of the ANCA Pty Ltd Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of a variation to the ANCA Pty Ltd Enterprise Bargaining Agreement 2017 (the Agreement). The application was made by ANCA Pty Ltd T/A ANCA Pty Ltd 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 1 December 2017. Those undertakings form part of the Agreement as varied.

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

● Clause 30(b) – Parental Leave

[6] However, noting clause 7.3 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.

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

[8] In accordance with s.216 of the Act, the variation operates from 16 September 2020.

COMMISSIONER

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