Sealed Air Australia Pty Ltd

[2019] FWCA 667

[2019] FWCA 667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealed Air Australia Pty Ltd
(AG2018/7074)

SEALED AIR AUSTRALIA PTY LTD (TULLAMARINE) & NATIONAL UNION WORKERS ENTERPRISE AGREEMENT - 2018 - 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Sealed Air Australia Pty Ltd (Tullamarine) & National Union Workers Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Sealed Air Australia Pty Ltd (Tullamarine) & National Union Workers Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sealed Air Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clauses 36.6, 36.7, 36.9 - Personal and Bereavement Leave;

•  Clause 36.17 - Compassionate Leave; and

•  Clause 34 - Long Service Leave.

However, noting clause 9.4 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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<AE501619  PR704560>