Rotafab Pty Ltd

[2019] FWCA 3775

[2019] FWCA 3775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rotafab Pty Ltd
(AG2019/1587)

ROTAFAB PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 MAY 2019

Application for approval of the Rotafab Pty Ltd Workshop Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rotafab Pty Ltd Workshop Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rotafab Pty Ltd. 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.

[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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 20 – Personal Leave is inconsistent with the National Employment Standards as it provides restrictions on the amount of leave an employee may take and provides potentially less personal leave accrual per day. Given the National Employment Standards precedence clause at clause 7.7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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Annexure A