Planex Sales Pty Ltd as the Trustee for Planex Sales Unit Trust
[2021] FWCA 4126
•14 JULY 2021
| [2021] FWCA 4126 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Planex Sales Pty Ltd as the Trustee for Planex Sales Unit Trust
(AG2021/5915)
PLANEX SALES PTY LTD ENTERPRISE AGREEMENT 2021
Manufacturing and associated industries | |
COMMISSIONER CIRKOVIC | MELBOURNE, 14 JULY 2021 |
Application for approval of the Planex Sales Pty Ltd Enterprise Agreement 2021.
[1] Planex Sales Pty Ltd as the Trustee for Planex Sales Unit Trust (the Applicant) has made an application for approval of an enterprise agreement known as the Planex Sales Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 7 July 2021.
[3] On 7 July 2021, my Chambers sent correspondence to the Applicant seeking to address concerns with certain aspects of the Agreement and invited the Applicant to address these matters. The concerns were as follows:
• Clause 20 of the Agreement with respect to abandonment of employment appeared to be inconsistent with the National Employment Standards at section 117 of the Act.
[4] The Applicant has submitted an undertaking in the required form dated 8 July 2021. The undertaking deals with the following topic:
• The Applicant has inserted a National Employment Standards (NES) precedence clause.
[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertaking is taken to be a term of the Agreement.
[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 21 July 2024.
COMMISSIONER
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