The Australian Workers' Union T/A The Australian Workers’ Union Victoria Branch

[2019] FWCA 5756

[2019] FWCA 5756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers' Union T/A The Australian Workers’ Union Victoria Branch
(AG2019/2684)

AWU AND CHELGRAVE CONTRACTING AUSTRALIA PTY LTD, AUSTRALIAN PAPER MARYVALE MILL AND SUPPLEMENTARY MAINTENANCE CERTIFIED AGREEMENT 2019 - 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2019

Application for approval of the AWU and Chelgrave Contracting Australia Pty Ltd, Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the AWU and Chelgrave Contracting Australia Pty Ltd, Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Workers’ Union T/A The Australian Workers’ Union Victorian Branch. 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.

[3] 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.

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

•  Clause 27 – Severance Payments

However, noting clause 13 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 26 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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