Harsco Metals Australia Pty Limited

[2021] FWCA 3957

[2021] FWCA 3957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harsco Metals Australia Pty Limited
(AG2021/5477)

HARSCO METALS LAVERTON & THE AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2020-2023

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 7 JULY 2021

Application for approval of the Harsco Metals Laverton & The Australian Workers’ Union Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Harsco Metals Laverton & The Australian Workers' Union Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). Harsco Metals Australia Pty Limited has made a single enterprise agreement with certain employees at its Infrabuild Steel Laverton Site operations.

[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. The undertakings are taken to be a term of 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 of the Act that are relevant to this application for approval have been met.

[4] I note that the following clauses are potentially inconsistent with the National Employment Standards:

•  Clause 31.4.3 – Annual Leave

•  Clause 32.10.1 – Personal Leave

•  Clause 34.3.5 – Parental Leave

[5] Noting the undertaking provided by the Applicant, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Australian Workers’ Union (AWU) 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2021. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A