National Union of Workers

[2019] FWCA 579

[2019] FWCA 579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2018/5586)

MRC GLOBAL AUSTRALIA AGREEMENT 2018-2019

Storage services
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the MRC Global Australia Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the MRC Global Australia Agreement 2018-2019 (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] 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.

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

•  Clause 13.1.5 – Termination of Employment

•  Clause 27 – Annual Leave

•  Clause 28.1.5 – Personal Leave

However, noting clause 6.3 of the Agreement and the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

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Annexure A