Paper Australia Pty Ltd T/A Opal Australian Paper

[2024] FWCA 1717

[2024] FWCA 1717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Paper Australia Pty Ltd T/A Opal Australian Paper

(AG2024/1400)

MARYVALE MILL ELECTRICAL/PLUMBING MAINTENANCE ENTERPRISE AGREEMENT 2024

Timber and paper products industry
COMMISSIONER TRAN	MELBOURNE, 10 MAY 2024

Application for approval of the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2024

1. Paper Australia Pty Ltd T/A Opal Australian Paper has applied for approval of an enterprise agreement known as the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).        

2. The Agreement is a single enterprise agreement.

1. I note that the following clauses may be inconsistent with the National Employment Standards:

-     Clause 8.5.4 – Abandonment of Employment is inconsistent with s 117 of the Act and Bienias v Iplex Pipelines Australia Pty Limited;[1] and

-     Clause 25.5 – Compassionate Leave as it is silent on the ability to take compassionate leave in cases of stillbirth or miscarriage as provided by s 104 of the Act.

1. As the Agreement contains a National Employment Standards precedence clause at Clause 2.3, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 17 May 2024.

1. In accordance with Clause 4, the nominal expiry date of the Agreement is 17 May 2027.

COMMISSIONER

[1] [2017] FWCFB 38 at [58].

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