Confoil Pty Ltd T/A Confoil Containers

[2020] FWCA 4979

[2020] FWCA 4979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Confoil Pty Ltd T/A Confoil Containers
(AG2020/2301)

CONFOIL PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 SEPTEMBER 2020

Application for approval of the Confoil Pty Ltd Enterprise Agreement 2020.

[1] Confoil Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Confoil Pty Ltd Enterprise Agreement 2020 (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, and the accompanying statutory declaration, 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] On 19 August 2020, the Employer provided a table containing the rates of pay applicable under the Agreement (the Wage Table) to the Commission. However, as the Wage Table was not attached to the Agreement, it was not an enforceable term of the Agreement and therefore I could not be satisfied employees were better off overall.

[5] The undertaking provided on the 11 September 2020 by the Employer at Annexure A of this decision incorporates the Wage Table and is therefore an enforceable term of the Agreement. This satisfies my concerns with respect to genuine agreement.

[6] “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.

[7] The Agreement was approved on 16 September 2020 and, in accordance with s 54, will operate from 23 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509038  PR722841>

Annexure A