Qenos Pty Ltd T/A Qenos

[2019] FWCA 6136

[2019] FWCA 6136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qenos Pty Ltd T/A Qenos
(AG2019/2935)

QENOS ALTONA (OLEFINS) & NUW ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the Qenos Altona (Olefins) & NUW Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Qenos Altona (Olefins) & NUW Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings 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 undertakings are taken to be a term of the agreement.

[4] I note that the following clauses are inconsistent with the National Employment Standards (NES):

•  Clause 7.2.1 – Public Holiday Entitlement;

•  Clause 7.2.4 – Absence before or after a Public Holiday;

•  Clause 7.3.4 – Annual Leave Entitlement - Shift workers;

•  Clause 7.4 – Sick Leave;

•  Clause 7.5.1 – Death in the Immediate Family; and

•  Clause 7.5.2 – Personal/ Carer’s Leave.

Given the National Employment Standards precedence clause at clause 1.8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[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 11 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A