CCL Secure Pty Ltd

[2020] FWCA 1402

[2020] FWCA 1402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCL Secure Pty Ltd
(AG2020/425)

CCL SECURE ENTERPRISE AGREEMENT

Graphic Arts
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 MARCH 2020

Application for approval of the CCL Secure Enterprise Agreement.

[1] CCL Secure Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the CCL Secure Enterprise Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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] 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.

[5] 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.

[6] I observe that clauses 7.9, 13.2 and 14.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clauses 4.3 and 4.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 17 March 2020 and, in accordance with s 54, will operate from 24 March 2020. The nominal expiry date of the Agreement is 15 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A