CW Management Pty Ltd T/A CW Management

[2022] FWCA 387

[2022] FWCA 387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CW Management Pty Ltd T/A CW Management

(AG2022/25)

South Australian CW Management Enterprise Agreement 2021

Storage services
COMMISSIONER PLATT	ADELAIDE, 9 FEBRUARY 2022

Application for approval of the South Australian CW Management Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the South Australian CW Management Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by CW Management Pty Ltd T/A CW Management (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 7 February 2022 and was determined on the papers.

1. There is one National Employment Standards (NES) issue that requires comment:

·   Clauses 6.4 – 6.8 of the Agreement deal with jury service leave and state that an employee “may be allowed leave of absence during any period” to attend jury service, and that “if (the employee) is allowed a leave of absence for jury service” they will be paid. Section 111 of the Act does not place the same limitations on jury service leave.

1. Clause 1.10 of the Agreement acts as an effective NES precedence clause, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency. As a result of the NES precedence clause, Clauses 6.4 – 6.8 of the Agreement will not apply to the extent that they are inconsistent with the NES.

1. The Applicant has submitted an undertaking in the required form dated 8 February 2022. The undertaking provides a definition of a shift worker for the purposes of the NES.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any views in respect of the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 16 February 2025.

COMMISSIONER

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