Sorbent Paper Company Pty Ltd T/A The Sorbent Paper Company
[2022] FWCA 4606
•29 DECEMBER 2022
| [2022] FWCA 4606 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sorbent Paper Company Pty Ltd T/A The Sorbent Paper Company
(AG2022/5257)
THE SORBENT PAPER COMPANY 2022 Box Hill Site Agreement
| Timber and paper products industry | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 29 DECEMBER 2022 |
Application for approval of THE SORBENT PAPER COMPANY 2022 Box Hill Site Agreement
Sorbent Paper Company Pty Ltd has applied for approval of an enterprise agreement known as the SORBENT PAPER COMPANY 2022 Box Hill Site Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The agreement title in the Notice of Representational Rights (NERR) distributed to employees is slightly different to the agreement title in clause 1 of the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
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.
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.
The Construction, Forestry, Maritime, Mining and Energy Union 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 31.6 – Personal/Carer’s Leave; and
· Clause 41.5 – Compassionate Leave.
However, noting clause 3.6 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 January 2023. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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