Qenos P/L

[2023] FWCA 645

[2023] FWCA 645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qenos P/L

(AG2023/271)

Qenos Altona (Olefins) and UWU Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 1 MARCH 2023

Application for approval of the Qenos Altona (Olefins) & UWU Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Qenos Altona (Olefins) & UWU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qenos P/L. The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

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

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.8 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.

1. 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.

1. The Agreement was approved on 1 March 2023 and, in accordance with s.54, will operate from 8 March 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A

IN THE FAIR WORK COMMISSION

FWC Matter No.:

AG2023/271

Applicant:Qenos Pty Ltd

Section 185 – Application for approval of a single enterprise agreement

Undertaking – Section 190

I, Simon Heith, Process Team Leader Olefins have the authority given to me by Qenos Pty Ltd to give the following undertakings with respect to the Qenos Altona (Olefins) & UWU Enterprise Agreement 2022 ("the Agreement"):

1. For the purpose of the additional week of annual leave provided for in section 87(1)(b) of the Fair Work Act 2009 (Cth), a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays.

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

____________________________
Signature

__22/02/2023__________________
Date