Paper Australia Pty Ltd

[2020] FWCA 577

[2020] FWCA 577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paper Australia Pty Ltd
(AG2019/5011)

PAPER AUSTRALIA PTY LTD (PRESTON) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019-2021

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COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2020

Application for approval of the Paper Australia Pty Ltd (Preston) and United Workers Union Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Paper Australia Pty Ltd (Preston) and United Workers Union Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paper Australia Pty Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The United Workers’ Union 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 27 – Annual Leave

•  Clause 28 – Personal Leave

•  Clause 30 – Parental Leave

•  Clause 33 – Public Holidays

However, noting clause 5.3 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 1 July 2021.

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