Visy Industries Pty Ltd T/A Corrugated Carton Products (CCP)

[2019] FWCA 3967

[2019] FWCA 3967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Industries Pty Ltd T/A Corrugated Carton Products (CCP)
(AG2019/1551)

CORRUGATED CARTON PRODUCTS NEWCASTLE ENTERPRISE AGREEMENT 2019-2022

Graphic Arts
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2019

Application for approval of the Corrugated Carton Products Newcastle Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Corrugated Carton Products Newcastle Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Industries Pty Ltd T/A Corrugated Carton Products (CCP). 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 13 and 14.5 are inconsistent with the National Employment Standards as the clauses contain content that is not prescribed for by the NES. Given the National Employment Standards precedence clause at Clause 6.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 6 June 2022.

DEPUTY PRESIDENT

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