OJI Fibre Solutions (Aus) Pty Ltd T/A OJI Fibre Solutions

[2019] FWCA 5645

[2019] FWCA 5645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OJI Fibre Solutions (Aus) Pty Ltd T/A OJI Fibre Solutions
(AG2019/2736)

OJI FIBRE SOLUTIONS (AUS) PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2019

Graphic Arts
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 AUGUST 2019

Application for approval of the Oji Fibre Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Oji Fibre Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OJI Fibre Solutions (Aus) Pty Ltd T/A OJI Fibre Solutions. The Agreement is a single enterprise agreement.

[2] 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.

[3] I note that Clauses 8(a) of the Agreement and Clause 7.5.6(a) of the incorporated pre-reform Award are inconsistent with the National Employment Standards (NES) as the Clauses provide restrictions not otherwise provided for in the NES. 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.

[4] The Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2019. The nominal expiry date of the Agreement is 29 September 2022.

DEPUTY PRESIDENT

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