Synergy Packaging Pty Ltd T/A Synergy Packaging Pty Ltd
[2024] FWCA 3570
•10 OCTOBER 2024
| [2024] FWCA 3570 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Synergy Packaging Pty Ltd T/A Synergy Packaging Pty Ltd
(AG2024/3505)
SYNERGY PACKAGING ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 10 OCTOBER 2024 |
Application for approval of the Synergy Packaging Enterprise Agreement 2024
Synergy Packaging Pty Ltd has applied for approval of an enterprise agreement known as the Synergy Packaging Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
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 United 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.
I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):
- Clause 15.4(d) – Annual Leave in advance
- Clause 17 – Personal/Carer’s Leave, Compassionate Leave and Family and Domestic Violence Leave; and
- Clause 21.2 – Notice of termination by an Employee
However, noting clause 3.4 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 17 October 2024. The nominal expiry date of the Agreement is 17 October 2026.
DEPUTY PRESIDENT
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