Associated Kiln Driers Pty Ltd T/A AKD Softwoods

[2019] FWCA 7191

[2019] FWCA 7191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Associated Kiln Driers Pty Ltd T/A AKD Softwoods
(AG2019/3500)

AKD COLAC ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 OCTOBER 2019

Application for approval of the AKD Colac Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the AKD Colac Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Associated Kiln Driers Pty Ltd t/a AKD Softwoods. 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] I note that Clause Appendix 1 – Redundancy is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A