Asaleo Personal Care Pty Ltd T/A Essity Australasia

[2023] FWCA 2930

[2023] FWCA 2930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Asaleo Personal Care Pty Ltd T/A Essity Australasia

(AG2023/3037)

ASALEO PERSONAL CARE PTY LTD (MAINTENANCE EMPLOYEES), SPRINGVALE SITE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 12 SEPTEMBER 2023

Application for approval of the Asaleo Personal Care Pty Ltd (Maintenance Employees), Springvale Site Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Asaleo Personal Care Pty Ltd (Maintenance Employees), Springvale Site Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asaleo Personal Care Pty Ltd T/A Essity Australasia (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU) being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided, I note that the Agreement covers these organisations.

1. The Agreement was approved on 12 September 2023 and, in accordance with s 54, will operate from 19 September 2023. The nominal expiry date of the Agreement is 23 November 2025.

COMMISSIONER

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Annexure A