DMH Plant Services Pty Ltd T/A DMH

[2019] FWCA 664

[2019] FWCA 664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DMH Plant Services Pty Ltd T/A DMH
(AG2018/6769)

DMH PLANT SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the DMH Plant Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DMH Plant Services Pty Ltd 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 DMH Plant Services Pty Ltd T/A DMH. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] At lodgement on 4 December 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act as Clause D5 contained an error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[1] I note that Clauses C.1.6, E.1.2, E.1.4, E.2, E.4.1 are inconsistent with the National Employment Standards as they either omit or provide for conditions and entitlements which are more onerous. Given the National Employment Standards precedence clause at clause B5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A