Kwiklok Australia Pty Ltd

[2020] FWCA 1555

[2020] FWCA 1555

FAIR WORK COMMISSION

DECISION

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

Kwiklok Australia Pty Ltd
(AG2020/132)

KWIKLOK AUSTRALIA PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 31 MARCH 2020

Application for approval of the Kwiklok Australia Pty Ltd and United Workers Union Enterprise Agreement 2019.

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

[2] 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.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9.2 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:

•  Clause 17.3 of the Agreement, which appears to provide that notice of termination does not apply where an employee has abandoned their employment;

•  Clause 21.1.5 of the Agreement, which excludes apprentices from the entitlement to notice of termination of employment; and

•  Clause 36.8 of the Agreement, which restricts how annual leave can be taken.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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