Aware Environmental Ltd T/A Greencare Developments Pty Ltd; Aware Environmental Ltd T/A Chimera Laboratories Pty Ltd; Aware Environmental Ltd T/A Scental Pacific Pty Ltd

[2020] FWCA 1184

[2020] FWCA 1184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aware Environmental Ltd T/A Greencare Developments Pty Ltd; Aware Environmental Ltd T/A Chimera Laboratories Pty Ltd; Aware Environmental Ltd T/A Scental Pacific Pty Ltd
(AG2020/420)

AWARE ENVIRONMENTAL LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 3 MARCH 2020

Application for approval of the AWARE ENVIRONMENTAL LTD ENTERPRISE AGREEMENT 2020.

[1] An application has been made for approval of an enterprise agreement known as the AWARE ENVIRONMENTAL LTD ENTERPRISE AGREEMENT 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aware Environmental Ltd t/a Greencare Developments Pty Ltd, Chimera Laboratories Pty Ltd and Scental Pacific Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Workers’ 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) I note that the Agreement covers the organisation.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ 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) I note that the Agreement covers the organisation.

[5] I observe that clause 4.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.1 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement was approved on 3 March 2020 and, in accordance with s.54, will operate from 10 March 2020. The nominal expiry date of the Agreement is 12 February 2023.

COMMISSIONER

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