Sealed Air Australia Pty Ltd

[2020] FWCA 3295

[2020] FWCA 3295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealed Air Australia Pty Ltd
(AG2020/1599)

SEALED AIR AUSTRALIA PTY LTD (FAWKNER) & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 JUNE 2020

Application for approval of the Sealed Air Australia Pty Ltd (Fawkner) & United Workers Union Enterprise Agreement 2019-2023.

[1] Sealed Air Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Sealed Air Australia Pty Ltd (Fawkner) & United Workers Union Enterprise Agreement 2019-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised about the form of the application, whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act, contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Sealed Air Australia Pty Ltd sought to correct errors in the original application, by filing an amended application and amended Agreement signature pages. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 8.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative confirmed its concerns were resolved by the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

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

[7] The model consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[8] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[9] The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[10] The Agreement was approved on 23 June 2020 and, notwithstanding clause 4 and in accordance with s.54, will operate from 30 June 2020. The nominal expiry date of the Agreement is 17 September 2023.

DEPUTY PRESIDENT

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Annexure A