Kwiklok Australia Pty Ltd T/A Kwiklok Australia Pty Ltd

[2023] FWCA 2820

[2023] FWCA 2820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kwiklok Australia Pty Ltd T/A Kwiklok Australia Pty Ltd

(AG2023/2822)

KWIKLOK AUSTRALIA PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023

Rubber, plastic and cable making industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 SEPTEMBER 2023

Application for approval of the Kwiklok Australia Pty Ltd and United Workers Union Enterprise Agreement 2023

1. An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Kwiklok Australia Pty Ltd and United Workers Union Enterprise Agreement 2023 (Agreement).

1. 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.

1. 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.

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

·           Clause 17.3 – Abandonment of employment;

·           Clause 21.5 – Notice of termination;

·           Clause 36.8 – Annual leave;

·           Clause 35 – Compassionate leave;

·           Clause 37.3.2 – Notice and evidence requirements; and

·           Clause 43.5.1 – Public holidays.

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.

1. The United Workers’ Union, 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 11 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE521362  PR765816>

Annexure A