Sealed Air Australia Pty Ltd
[2024] FWCA 3536
•8 OCTOBER 2024
| [2024] FWCA 3536 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sealed Air Australia Pty Ltd
(AG2024/3753)
SEALED AIR AUSTRALIA PTY LTD (TULLAMARINE) MAINTENANCE ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER ALLISON | MELBOURNE, 8 OCTOBER 2024 |
Application for approval of the Sealed Air Australia Pty Ltd (Tullamarine) Maintenance Enterprise Agreement 2024
Sealed Air Australia Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Sealed Air Australia Pty Ltd (Tullamarine) Maintenance Enterprise Agreement 2024 (the Agreement).
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have each 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 both the AMWU and CEPU.
Clause 34 of the Agreement, relating to delegates’ rights, appears to be less favourable than the delegates’ rights term in Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 (the Award). However, noting clause 1.5 of the Agreement, I am satisfied that the workplace delegates’ rights term in Clause 40A of the Award is incorporated into the Agreement.
I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2024. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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