Summit Manufacturing Pty Ltd T/A Signum Manufacturing

[2020] FWCA 5801

[2020] FWCA 5801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Summit Manufacturing Pty Ltd T/A Signum Manufacturing
(AG2020/3014)

SUMMIT MANUFACTURING AND AWU ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 OCTOBER 2020

Application for approval of the Summit Manufacturing and AWU Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Summit Manufacturing and AWU Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Summit Manufacturing Pty Ltd T/A Signum Manufacturing. 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. The undertakings are taken to be a term of 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] The Australian Workers’ 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.

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

•  Appendix A - Abandonment of Employment

However, noting clause 6.5 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A

Article I. IN THE FAIR WORK COMMISSION

FWC Matter No.: AG2020/3014 – Summit Manufacturing and AWU Enterprise Agreement 2020

Applicant: Summit Manufacturing Pty Ltd

Section 185 – Application for approval of a single enterprise agreement

Undertaking- Section 190

I, Andrea Kelly – HR Manager – Pact Group give the following undertakings with respect to the Summit Manufacturing and AWU Enterprise Agreement 2020 ("the Agreement"):

1. I have the authority given to me by Summit Manufacturing Pty Ltd (“the Company”) to provide this undertaking in relation to the application before the Fair Work Commission.

2. The Company undertakes to allow that in relation to Clause 26.2 of the Agreement, any person covered by the agreement may appoint a representative of their choice for the purposes of the procedures within Clause 26 – Dispute Resolution.

3. These undertakings are provided on the basis of issues raised by Fair Work Commission in the application before it and is signed in accordance with the Fair Work Regulations 2009, in particular regulation 2.07, which states ‘For section 190(5) of the Act, an undertaking relating to an enterprise agreement must be signed by each employer who gives the undertaking.

Article II. Date: 26 October 2020

Signature – Andrea Kelly