Specialty Packaging Group Pty Ltd T/A Specialty Packaging Group

[2019] FWCA 2588

[2019] FWCA 2588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A Specialty Packaging Group
(AG2018/6385)

SPECIALTY PACKAGING GROUP PTY LTD (NSW) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER LEE	SYDNEY, 15 APRIL 2019

Application for approval of the Specialty Packaging Group Pty Ltd (NSW) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Specialty Packaging Group Pty Ltd (NSW) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Specialty Packaging Group Pty Ltd T/A Specialty Packaging Group. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

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

•  Clause 34 – Abandonment of employment

However, noting clause 35 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 22 April 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE502944  PR707071>

Annexure A