Australian Multiwall Bag Co Pty Ltd T/A Australian Multiwall Bag Co Pty Ltd

[2022] FWCA 1411

[2022] FWCA 1411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Multiwall Bag Co Pty Ltd T/A Australian Multiwall Bag Co Pty Ltd

(AG2022/1152)

Australian Multiwall Bag Company Pty Ltd Workplace Agreement 2022

Graphic Arts
COMMISSIONER O'NEILL	MELBOURNE, 29 APRIL 2022

Application for approval of the Australian Multiwall Bag Company Pty Ltd Workplace Agreement 2022

1. Australian Multiwall Bag Co Pty Ltd has applied for approval of an enterprise agreement known as the Australian Multiwall Bag Company Pty Ltd Workplace Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. 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.

1. 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.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 14.1 – Notice of Termination by the Employer; and

·           Clause 18.3 – Personal/Carer’s Leave.

However, noting clause 7 of the Agreement and the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515794  PR740669>

Annexure A