Gunnedah Leather Processors Pty Ltd T/A Gunnedah Leather Processors Pty Ltd

[2023] FWCA 101

[2023] FWCA 101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gunnedah Leather Processors Pty Ltd T/A Gunnedah Leather Processors Pty Ltd

(AG2022/5303)

GUNNEDAH LEATHER PROCESSORS PTY LTD ENTERPRISE AGREEMENT (MAINTENANCE) 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 JANUARY 2023

Application for approval of the Gunnedah Leather Processors Pty Ltd Enterprise Agreement (Maintenance) 2022

1. An application has been made for approval of an enterprise agreement to be known as the Gunnedah Leather Processors Pty Ltd Enterprise Agreement (Maintenance) 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Gunnedah Leather Processors Pty Ltd T/A Gunnedah Leather Processors Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Access period issue

1. There was an issue raised by the Commission with the Employer regarding the provision of relevant documentation to relevant employees during the access period. Having regard to the submissions of the Employer provided on 11 January 2023, I find that the issue constitutes a minor procedural and/or technical error. I am satisfied that employees covered by the Agreement were not likely to have been disadvantaged by the error.  I am equally satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding the error.[1]

Undertakings

1. The Employer has provided written undertakings dated 11 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2023. The nominal expiry date of the Agreement is 11 January 2026.

DEPUTY PRESIDENT

Annexure A

[1] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

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