FALCK Victoria Pty Limited

[2020] FWCA 5765

[2020] FWCA 5765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FALCK Victoria Pty Limited
(AG2020/2917)

CFMMEU FALCK VICTORIA LOY YANG ‘A’ ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 29 OCTOBER 2020

Application for approval of the CFMMEU Falck Victoria Loy Yang ‘A’ Enterprise Agreement 2020.

[1] FALCK Victoria Pty Limited has applied for approval of a single enterprise agreement known as the CFMMEU Falck Victoria Loy Yang ‘A’ Enterprise 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, whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] FALCK Victoria Pty Limited sought to correct typographical errors in the original application, by filing an amended statutory declaration and an amended application form. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 3.3 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.

[5] 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.

[6] The Construction, Forestry, Maritime, Mining and Energy 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.

[7] The Agreement was approved on 29 October 2020 and, in accordance with s.54, will operate from 5 November 2020. The nominal expiry date of the Agreement is 1 July 2022.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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