Pro-Pac Group Pty Ltd

[2024] FWCA 4477

[2024] FWCA 4477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pro-Pac Group Pty Ltd

(AG2024/4274)

RESERVOIR MAINTENANCE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 13 DECEMBER 2024

Reservoir Maintenance Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Reservoir Maintenance Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. I note that the following provisions are likely to be inconsistent with the National Employment Standards:

·   Clause 29.2(b) – Notice of termination and redundancy

·   Clause 36.2 – Personal/carer’s leave

·   Clause 37 – Compassionate leave

1. However, noting clauses 5.6 and 5.7 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement. 

1. I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

1. The Agreement is approved today 13 December 2024. It will operate from 20 December 2024 as required by section 54 of the Act. The nominal expiry date is 30 June 2027.

COMMISSIONER

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