Asaleo Personal Care Pty Ltd

[2020] FWCA 3651

[2020] FWCA 3651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asaleo Personal Care Pty Ltd
(AG2020/1832)

ASALEO PERSONAL CARE PTY LTD SPRINGVALE SITE (PRODUCTION AND WAREHOUSE) AGREEMENT 2019

Timber and paper products industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 JULY 2020

Application for approval of the Asaleo Personal Care Pty Ltd Springvale Site (Production and Warehouse) Agreement 2019.

[1] Asaleo Personal Care Pty Ltd has applied for approval of a single enterprise agreement known as the Asaleo Personal Care Pty Ltd Springvale Site (Production and Warehouse) Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] On the basis of the material contained in the application and the Undertaking, 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 13 July 2020 and, in accordance with s.54, will operate from 20 July 2020. The nominal expiry date of the Agreement is 23 November 2022.

DEPUTY PRESIDENT

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Annexure A