National Union of Workers

[2018] FWCA 4816

[2018] FWCA 4816

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

National Union of Workers

(AG2018/2015)

Camberwell Electrics (Sales) Pty Ltd & The National Union of Workers Enterprise Agreement 2017-2020

Storage services
Commissioner Lee	MELBOURNE, 16 AUGUST 2018

Application for approval of the Camberwell Electrics (Sales) Pty Ltd & The National Union of Workers Enterprise Agreement 2017-2020.

1. An application has been made for approval of an enterprise agreement known as the Camberwell Electrics (Sales) Pty Ltd & The National Union of Workers Enterprise Agreement 2017-2020 (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. 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. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. 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.

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

   ·     Clause 18.1.5 – Notice of termination for apprentices;

   ·     Clause 33.7   – Absence before or after a public holiday. 

However, noting clause 8 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 Agreement lodged contained errors at clauses 31.1.2.1, 31.9.1 and 31.9.2. On 3 August 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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) 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 23 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

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