H.B. Fuller Company Australia Pty Ltd

[2019] FWCA 6197

[2019] FWCA 6197

FAIR WORK COMMISSION

DECISION

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

H.B. Fuller Company Australia Pty Ltd
(AG2019/2665)

H.B. FULLER COMPANY AUSTRALIA LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 10 SEPTEMBER 2019

Application for approval of the H.B. Fuller Company Australia Ltd Enterprise Agreement 2019.

[1] An application has been filed by H.B. Fuller Company Australia Pty Ltd(the applicant) for the approval of an enterprise agreement known as the H.B. Fuller Company Australia Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided a number of undertakings regarding the following:

•  Calculation of casual loading;

•  Minimum engagement for casual employees and employees required to work overtime on Saturdays and Sundays;

•  Casual conversion to full-time or part-time employment; and

•  Afternoon and night shift allowances where an employee works less than 5 successive shifts.

[3] The undertakings are attached at the end of the Agreement. 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 change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement. The views of the bargaining representatives for the Agreement were sought in respect of the undertakings provided by the applicant pursuant to s.190(4) of the Act. The bargaining representatives have expressed no views on the undertakings.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model consultation term is attached at the end of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 15 July 2023.

DEPUTY PRESIDENT

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