Primary Flooring Pty Ltd T/A Dunlop Flooring
[2025] FWCA 40
•7 JANUARY 2025
| [2025] FWCA 40 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Primary Flooring Pty Ltd T/A Dunlop Flooring
(AG2024/4970)
DUNLOP FLOORING WETHERILL PARK, UNION COLLECTIVE AGREEMENT 2025
| Manufacturing and associated industries | |
| COMMISSIONER SLOAN | SYDNEY, 7 JANUARY 2025 |
Application for approval of the Dunlop Flooring Wetherill Park, Union Collective Agreement 2025
Primary Flooring Pty Limited has made an application for approval of an enterprise agreement known as the Dunlop Flooring Wetherill Park, Union Collective Agreement 2025 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The United Workers Union (“UWU”) was a bargaining representative for the Agreement. It supports approval of the Agreement.
Clause 39.4.2 of the Agreement provides that “in normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person”. There is no such caveat in s 97 of the Act. However, cl 5 of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that cl 39.4.2 is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The UWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the UWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 14 January 2025. The nominal expiry date of the Agreement is 1 January 2028.
COMMISSIONER
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