Davey Water Products Pty Ltd

[2020] FWCA 5815

[2020] FWCA 5815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davey Water Products Pty Ltd
(AG2020/2962)

DAVEY WATER PRODUCTS PTY LTD WAREHOUSE ENTERPRISE BARGAINING AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 NOVEMBER 2020

Application for approval of the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2020.

[1] Davey Water Products Pty Ltd has applied for approval of a single enterprise agreement known as the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, and whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] Davey Water Products Pty Ltd sought to correct a typographical error in the original application, by filing an amended Agreement. The bargaining representative supported the amendment. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (the Regulations) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.

[5] Noting clause 5.7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application and related materials, 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.

[7] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 2 November 2020 and, in accordance with s.54, will operate from 9 November 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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