Parker Hannifin (Australia) Pty Limited T/A Parker Hannifin Australia Pty Ltd

[2021] FWCA 2231

[2021] FWCA 2231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Parker Hannifin (Australia) Pty Limited T/A Parker Hannifin Australia Pty Ltd
(AG2021/4244)

PARKER HANNIFIN (AUSTRALIA) PTY LTD – WODONGA - ENTERPRISE AGREEMENT 2020 - 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 APRIL 2021

Application for approval of the Parker Hannifin (Australia) Pty Ltd - Wodonga - Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Parker Hannifin (Australia) Pty Ltd – Wodonga - Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Parker Hannifin (Australia) Pty Limited T/A Parker Hannifin Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[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 in the Agreement are likely to be inconsistent with the National Employment Standards (NES):

•  clause 38.9 (b);

•  clause 42.1(d)(i);

•  clause 20;

•  clause 16.3; and

•  clause 38.12.

[6] However, noting clause 7.6 of the Agreement and the undertakings provided by the employer, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement was approved on 22 April 2021 and, in accordance with s.54, will operate from 29 April 2021. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

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ANNEXURE A-