Signcraft Pty Ltd T/A Signcraft Pty Ltd

[2021] FWCA 6491

[2021] FWCA 6491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Signcraft Pty Ltd T/A Signcraft Pty Ltd
(AG2021/7819)

SIGNCRAFT ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 1 NOVEMBER 2021

Application for approval of the SIGNCRAFT ENTERPRISE AGREEMENT 2021

[1] Signcraft Pty Ltd has applied for approval of an enterprise agreement known as the SIGNCRAFT ENTERPRISE AGREEMENT 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained a typographical error in clause 16.6 on page 9 of the Agreement. On 29 October 2021 the Applicant filed an amended version of page 9 correcting the error. I am satisfied that the correction should be made and that it is appropriate to do so, pursuant to section 586 of the Act.

[3] The Employer Declaration (Form F17) in support of approval of the Agreement lodged with the application for approval was inaccurate and incomplete in several respects, including that not all the terms in the Agreement that are less beneficial than the Award were identified. On 29 October 2021, an amended Declaration was filed by the Applicant.

[4] 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.

[5] 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.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

•  Clause 33 – Public Holidays;

•  Clause 42 – Abandonment of Employment; and

•  Clause 43 – Redundancy.

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2021. The nominal expiry date of the Agreement is 7 November 2024.

COMMISSIONER

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Annexure A