GSM (Operations) Pty Ltd T/A Billabong

[2019] FWCA 2155

[2019] FWCA 2155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GSM (Operations) Pty Ltd T/A Billabong
(AG2018/5705)

BILLABONG GROUP DISTRIBUTION CENTRE TCFUA ENTERPRISE AGREEMENT 2018

Clothing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 APRIL 2019

Application for approval of the Billabong Group Distribution Centre TCFUA Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Billabong Group Distribution Centre TCFUA Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GSM (Operations) Pty Ltd T/A Billabong. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 14(b), 14(d) and 23.2(f) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, 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 was approved on 1 April 2019 and, in accordance with s.54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A