Asaleo Care Australia Pty Ltd

[2019] FWCA 791

[2019] FWCA 791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asaleo Care Australia Pty Ltd
(AG2018/5709)

ASALEO CARE AUSTRALIA PTY LTD SPRINGVALE SITE (PRODUCTION AND WAREHOUSE) AGREEMENT 2018

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Asaleo Care Australia Pty Ltd Springvale Site (Production and Warehouse) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Asaleo Care Australia Pty Ltd Springvale Site (Production and Warehouse) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asaleo Care Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.6 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 8 February 2019 and, in accordance with s.54, will operate from 15 February 2019. The nominal expiry date of the Agreement is 23 September 2019.

DEPUTY PRESIDENT

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