Centrogen Pty Ltd

[2020] FWCA 5699

[2020] FWCA 5699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Centrogen Pty Ltd
(AG2020/2199)

CENTROGEN – QUEENSLAND ENTERPRISE AGREEMENT 2020

Gardening services
COMMISSIONER BOOTH	BRISBANE, 26 OCTOBER 2020

Application for approval of the Centrogen - Queensland Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Centrogen Pty LTd (the Applicant) for approval of the Centrogen – Queensland Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 24 August 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. Following a conference held on 8 October 2020, the Applicant filed undertakings addressing the concerns raised on 19 October 2020.

[3] The matter was listed for eHearing on 22 October 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 5.1(b) – Ordinary Hours

•  Clause 7.2(c)(i) – Personal Leave/Carers Leave

•  Clause 7.8(b) – Public Holidays

•  Clause 10 – Payroll deductions

[6] However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Concerns were raised in relation to clause 14.2(b) of the Agreement as prima facie, the clause appeared to provide for unlawful deductions. In accordance with s.326(1) of the Act, I note that an unlawful term has no effect.

[8] Subject to the matters raised at paragraphs [4] – [7], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval had been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2020. The nominal expiry date is 31 December 2022.

COMMISSIONER

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Annexure A.