National Union of Workers

[2018] FWCA 5035

[2018] FWCA 5035

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

National Union of Workers

(AG2018/2114)

Mentholatum Australasia Pty Ltd and National Union of Workers Enterprise Agreement 2018

Pharmaceutical industry
Deputy President Colman	MELBOURNE, 30 AUGUST 2018

Application for approval of the Mentholatum Australasia Pty Ltd and National Union of Workers Enterprise Agreement 2018.

1. An application has been made for approval of an enterprise agreement known as the Mentholatum Australasia Pty Ltd and National Union of Workers Enterprise Agreement 2018 (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.

1. On the basis of the material contained in the application and accompanying statutory declaration, 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.

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

•Clause 13.3.4 – maximum weekly ordinary hours;

•Clause 28.11.1 – non-payment of annual leave loading on proportionate annual leave on termination;

•Clause 29.1 – accrual and payment for personal leave;

•Clause 30.1.1 – compassionate leave – gender-specific definitions; and

•Clause 36.4 – absence before or after a public holidays.

1. However, noting clause 7.2 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 30 August 2018 and, in accordance with s.54, will operate from 6 September 2018. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

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