HQPlantations Pty Ltd

[2019] FWCA 5659

[2019] FWCA 5659

The attached document replaces the document previously issued with the above code on 14 August 2019.

The Construction, Forestry, Maritime, Mining and Energy Union has been added to the bargaining representatives in paragraph [5] below.

Richard Murray

Associate to Commissioner Cirkovic

Dated 15 August 2019

[2019] FWCA 5659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HQPlantations Pty Ltd
(AG2019/2421)

HQPLANTATIONS PTY LTD ENTERPRISE AGREEMENT 2019

Clerical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 AUGUST 2019

Application for approval of the HQPlantations Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the HQPlantations Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HQPlantations Pty Ltd. The Agreement is a single enterprise agreement.

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

- clause 1.13 of Appendix C;

- clause 1.10 of Appendix D;

- clause 29(e); and

- clause 29.1(i).

[3] However, noting clause 6.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[5] The Australian Workers’ Union; Construction, Forestry, Maritime, Mining and Energy Union and Australian Municipal, Administrative, Clerical and Services Union, each being a bargaining representative for the Agreement, have each 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 organisations.

[6] The Agreement was approved on 14 August 2019 and, in accordance with s.54, will operate from 21 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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<AE504873  PR711329>