Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2020] FWCA 4015

[2020] FWCA 4015

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2081)

ASALEO PERSONAL CARE PTY LTD (MAINTENANCE EMPLOYEES), SPRINGVALE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 31 JULY 2020

Application for approval of the Asaleo Personal Care Pty Ltd (Maintenance Employees), Springvale Site Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Asaleo Personal Care Pty Ltd (Maintenance Employees), Springvale Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU). 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 CEPU, 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 13 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 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.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.

[7] The Agreement was approved on 31 July 2020 and, in accordance with s.54, will operate from 7 August 2020. The nominal expiry date of the Agreement is 23 November 2022.

COMMISSIONER

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