Corinthian Industries (Australia) Pty Ltd T/A William Russell Doors

[2022] FWCA 1947

[2022] FWCA 1947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corinthian Industries (Australia) Pty Ltd T/A William Russell Doors

(AG2022/1611)

William Russell Doors Enterprise Agreement 2020

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 16 JUNE 2022

Application for approval of the William Russell Doors Enterprise Agreement 2020

1. An application has been made for approval of an enterprise agreement known as the William Russell Doors 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 Corinthian Industries (Australia) Pty Ltd T/A William Russell Doors. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clause 13 at Schedule A of the Agreement is likely to be inconsistent with the National Employment Standards (NES). The clause provides that retrenchment pay shall not exceed the amount which the employee would have earned had the employment continued to the employee’s normal retirement date. Noting clause 7 of the Agreement, however, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Construction, Forestry, Maritime, Mining and Energy 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.

1. The Agreement is approved and in accordance with s.54, will operate from 23 June 2022. The nominal expiry date of the Agreement is 1 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE516273  PR742639>

Annexure A