USI Pty Ltd

[2020] FWCA 3089

[2020] FWCA 3089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

USI Pty Ltd
(AG2020/1249)

USI PTY LTD GEELONG AREA AGREEMENT 2020-2023

Manufacturing and associated industries
DEPUTY PRESIDENT LAKE	BRISBANE, 11 JUNE 2020

Application for approval of the USI PTY LTD Geelong Area Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the USI PTY LTD Geelong Area Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by USI Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Luciano Malgeri, Assistant State Secretary of the Victoria Branch of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), lodged a Form F18 statutory declaration advising it supported approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s.190 of the Act, 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.

[4] I observe the following clauses are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 45.1 – Annual leave accrual;

•  Clause 9 – Personal/Carer’s leave

•  Clause 56 – Public Holiday

[5] However, noting the undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, as are relevant to this application for approval, have been met.

[7] Accordingly, the Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 June 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A.