Dematic Pty Ltd

[2019] FWCA 504

[2019] FWCA 504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dematic Pty Ltd
(AG2018/7276)

DEMATIC PTY LIMITED - HUME DC ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the Dematic Pty Limited - Hume DC Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dematic Pty Limited - Hume DC Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dematic Pty Ltd. 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 8.4(d) - Casual Employment

•  Clause 15 - Public Holidays

However, noting clause 5(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2019. The nominal expiry date of the Agreement is 21 August 2021.

COMMISSIONER

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