United Workers’ Union

[2020] FWCA 4583

[2020] FWCA 4583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers’ Union
(AG2020/2250)

COLBAR QSR PTY LTD AND UNITED WORKERS UNION COLLECTIVE AGREEMENT 2020

Pharmaceutical industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 28 AUGUST 2020

Application for approval of the Colbar QSR Pty Ltd and United Workers Union Collective Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Colbar QSR Pty Ltd and United Workers Union Collective 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 United Workers’ Union (UWU). The Agreement is a single enterprise agreement.

[2] I observe that clauses 36.2.1, 18.1.5(b), 31.8.2, 31.9.2, 32.2 and 32.5.3 of the Agreement have the potential to operate in such a way that is inconsistent with the National Employment Standards (NES). However, noting clause 40 of the Agreement, I am satisfied the more favourable entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] Colbar QSR Pty Ltd has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in a substantial change to the Agreement. The undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The UWU, 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) and based on the statutory declaration provided by the UWU, I note that the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54, will operate from 4 September 2020. The nominal expiry date of the Agreement is 8 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A