Spicers Australia Pty Ltd

[2021] FWCA 2266

[2021] FWCA 2266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spicers Australia Pty Ltd
(AG2021/4644)

SPICERS AUSTRALIA PTY LTD, TRADING AS DIRECT PAPER (DINGLEY) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 APRIL 2021

Application for approval of the Spicers Australia Pty Ltd, trading as Direct Paper (Dingley) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Spicers Australia Pty Ltd, trading as Direct Paper (Dingley) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spicers 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 38.1(a) and 40 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.5 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.

[4] The Agreement was approved on 23 April 2021 and, in accordance with s.54, will operate from 30 April 2021. The nominal expiry date of the Agreement is 1 April 2025.

COMMISSIONER

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