Knauf Gypsum Pty Limited T/A Knauf Gypsum Pty Limited

[2023] FWCA 661

[2023] FWCA 661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Knauf Gypsum Pty Limited T/A Knauf Gypsum Pty Limited

(AG2023/291)

Knauf Gypsum Pty Limited Pinkenba Enterprise Agreement 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 28 FEBRUARY 2023

Application for approval of the Knauf Gypsum Pty Limited Pinkenba Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Knauf Gypsum Pty Limited Pinkenba Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Knauf Gypsum Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different Agreement title to the title of the Agreement submitted for approval. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. The Applicant has provided written undertakings. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·  Clause 25 – Compassionate Leave for still births/miscarriage

·  Clause 29.7– Public Holiday substitution may only occur by agreement between an employer and an employee (not by majority)

·  Clause 35 – Withholding of NES entitlements

However, noting clause 6.2 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.

1. The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction. Forestry, Maritime, Mining and Energy Union (CFMMEU) have both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU and the CFMMEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 27 February 2027.

DEPUTY PRESIDENT

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