Qenos Pty Ltd T/A Qenos

[2019] FWCA 6887

[2019] FWCA 6887

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Qenos Pty Ltd T/A Qenos

(AG2019/3494)

Qenos Altona Enterprise Agreement 2018

Manufacturing and associated industries
Commissioner Lee	MELBOURNE, 4 OCTOBER 2019

Application for approval of the Qenos Altona Enterprise Agreement 2018.

1. An application has been made for approval of an enterprise agreement known as the Qenos Altona Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qenos Pty Ltd T/A Qenos. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 4.10d - Annual Leave Entitlement

·           Clause 7.3.4 - Annual Leave Entitlement - Shift Workers

·           Clause 7.3.7 - Sick Leave

·           Clause 7.4.2 - Personal/Carer’s Leave

·           Clause 7.2.4.b - Public Holiday Entitlement

However, noting clause 1.9 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A