National Union of Workers

[2019] FWCA 1249

[2019] FWCA 1249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2018/6972)

FLORSHEIM PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018-2021

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 FEBRUARY 2019

Application for approval of the Florsheim Pty Ltd & National Union of Workers Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Florsheim Pty Ltd & National Union of Workers Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The Agreement is a single enterprise agreement.

[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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clause 17 is inconsistent with the National Employment Standards as Apprentices are excluded from notice of termination. Given the National Employment Standards precedence clause at clause 8 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The National Union of Workers 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 5 March 2019. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

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Annexure A