Exide Australia Pty Ltd T/A GNB Industrial Power

[2019] FWCA 5873

[2019] FWCA 5873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Exide Australia Pty Ltd T/A GNB Industrial Power
(AG2019/2770)

GNB INDUSTRIAL POWER NSW WAREHOUSE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 23 AUGUST 2019

Application for approval of the GNB Industrial Power NSW Warehouse Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Exide Australia Pty Ltd T/A GNB Industrial Power(the applicant) for the approval of an enterprise agreement known as the GNB Industrial Power NSW Warehouse Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[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] I note that clause 8.6.5(a) of the Agreement states that an Individual Flexibility Arrangement (IFA) can be terminated by giving no less than 28 days written notice to the other party to the arrangement. This appears to be contrary to s.203(6)(a) of the Act, which states that a flexibility term must require the employer to ensure that any flexibility arrangement agreed to under the term must be able to be terminated by either the employee, or the employer, giving written notice of not more than 28 days.

[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. A copy of the model flexibility term is attached at the end of the Agreement.

[5] The Communications Electrical Electric Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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