Greyhound Resources Pty Ltd T/A Greyhound Resources Pty Ltd

[2020] FWCA 2810

[2020] FWCA 2810

FAIR WORK COMMISSION

DECISION

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

Greyhound Resources Pty Ltd T/A Greyhound Resources Pty Ltd
(AG2020/1016)

GREYHOUND RESOURCES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 29 MAY 2020

Application for approval of the Greyhound Resources Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Greyhound Resources Pty Ltd (the Applicant) for approval of the Greyhound Resources Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Peter Biagini, Queensland Branch Secretary of the Transport Workers’ Union of Australia (TWU), filed a Form F18 in this matter, advising that the TWU supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. The Form F18 identified concerns the TWU had with the Agreement.

[3] Correspondence was sent to the Applicant and bargaining representatives on 8 May 2020, raising concerns in relation to the Agreement including the concerns raised by the TWU. The Applicant filed submissions and undertakings addressing the concerns raised, on 22 May 2020. The Transport Workers’ Union of Australia (TWU), a bargaining representative for the application, sent correspondence to my Chambers on 25 May 2020 advising the undertakings as provided address the concerns.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 6.3 – Weekly hours;

•  Clause 20 – Annual leave;

•  Clause 22(d) – Personal/carer’s leave notice;

•  Clause 22(j) – Unpaid carer’s leave for casual employees;

•  Clause 10(e) – Overpayment;

•  Clause 26.2 - Family and domestic violence leave.

[6] However, noting the NES precedence clause at clause 5.2(b) of the Agreement, and the further undertakings provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the matters raised at paragraphs [2]-[6], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] The TWU filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 TWU.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement, being 5 June 2020. The nominal expiry date is 29 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508165  PR719746>

Attachment A.