Penrite Oil Company Pty Ltd
[2019] FWCA 341
•21 JANUARY 2019
| [2019] FWCA 341 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Penrite Oil Company Pty Ltd
(AG2018/6993)
PENRITE OIL COMPANY PTY LTD AGREEMENT 2019 (THE AGREEMENT)
Oil and gas industry | |
COMMISSIONER LEE | MELBOURNE, 21 JANUARY 2019 |
Application for approval of the Penrite Oil Company Pty Ltd Agreement 2019.
[1] An application has been made for approval of an enterprise agreement known as the Penrite Oil Company Pty Ltd 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 Penrite Oil Company 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.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.
[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
• Clause 30 – Personal/Carer’s Leave – personal leave is expressed as 80 hours instead of 10 days as it appears in the Act; and
• Clause 29 – Annual leave – Casual employees are not entitled to annual leave, however this may be inconsistent with the NES entitlement having regard to the full court decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131.
However, noting clause 7 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.
[5] 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 30 December 2021.
COMMISSIONER
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