Donhad Pty Ltd T/A Donhad Pty Ltd

[2019] FWCA 138

[2019] FWCA 138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Donhad Pty Ltd T/A Donhad Pty Ltd
(AG2018/4682)

DONHAD PTY LTD EAST COAST (QLD & NSW) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JANUARY 2019

Application for approval of the Donhad Pty Ltd East Coast (QLD & NSW) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Donhad Pty Ltd East Coast (QLD & NSW) 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 Donhad Pty Ltd T/A Donhad. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.14 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 11 January 2019 and, in accordance with s.54, will operate from 18 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501291  PR703739>

Annexure A