Greencorp Pty Ltd

[2024] FWCA 3859

[2024] FWCA 3859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greencorp Pty Ltd

(AG2024/3899)

GREENCORP PTY LTD AND UNITED WORKERS’ UNION ENTERPRISE AGREEMENT 2024-2026

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 4 NOVEMBER 2024

Application for approval of the Greencorp Pty Ltd and United Workers’ Union Enterprise Agreement 2024-2026

1. Greencorp Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the Greencorp Pty Ltd and United Workers’ Union Enterprise Agreement 2024-2026 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

2. Following my review of the Agreement, I identified a number of matters on which I required clarification. I arranged for an email to be sent to the Employer on 30 October 2024 requesting further information on those matters. The Commission received a response on 1 November 2024. Other than to the extent set out below, it is not necessary for me to traverse those issues.

3. The content and form of notice of employee representational rights (“NERR”) provided by the Employer to employees was not consistent with s 174(1A) of the Act, having regard to Reg 2.05 and Sch 2.1 of the Fair Work Regulations 2009. On balance, I consider this to be a minor procedural or technical error of the nature contemplated by s 188(5) of the Act. I am satisfied that the employees are not likely to have been disadvantaged by the error. However, I encourage the Employer in future to ensure that any NERR it issues is compliant with the Act and Regulations.

4. Clause 25.2.4 of the Agreement provides that an employee will be granted Paid Personal/Carer’s Leave “subject to the Employee notifying the Employer of their absence from work as soon as practicable and generally prior to their designated start time” (my emphasis). This is arguably inconsistent with s 107(2)(a) of the Act, which provides that notice “must be given to the employer as soon as practicable (which may be a time after the leave has started)”. That is, cl 25.2.4 may be construed as imposing a “general” precondition to the provision of paid personal leave that the notification is provided prior to an employee’s designated start time.

5. However, cl 8.1 of the Agreement provides that the National Employment Standards (“NES”) will prevail over any term of the Agreement which is less favourable to the employees. Applied correctly, cl 8.1 would prevent cl 25.2.4 being construed in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case.

6. The United Workers Union (“UWU”) was a bargaining representative for the Agreement. It supports the Commission approving the Agreement.

7. On the basis of the material available to me, including the application and the accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.

8. The UWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the UWU.

9. The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 7 November 2024. The nominal expiry date of the Agreement is 5 April 2026.

COMMISSIONER

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