Foamco Industries Pty Ltd

[2019] FWCA 4007

[2019] FWCA 4007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Foamco Industries Pty Ltd
(AG2019/731)

FOAMCO INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JUNE 2019

Application for approval of the Foamco Industries Pty Ltd Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Foamco Industries Pty Ltd Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Foamco Industries Pty Ltd. 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] I note that Clauses 13, 15, 30.2 and 30.3(b) are inconsistent with the National Employment Standards are the clauses provide content that are not provided for in the NES. Given the National Employment Standards precedence clause in the Undertaking which forms part of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Workers’ Union (AWU) 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) 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 18 June 2019. The nominal expiry date of the Agreement is 10 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503843  PR709186>

Annexure A