Wagners CFT Manufacturing Pty. Ltd. T/A Wagners CFT Manufacturing Pty. Ltd.

[2020] FWCA 679

[2020] FWCA 679

FAIR WORK COMMISSION

DECISION

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

Wagners CFT Manufacturing Pty. Ltd. T/A Wagners CFT Manufacturing Pty. Ltd.
(AG2019/5090)

WAGNERS CFT MANUFACTURING PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT LAKE	BRISBANE, 10 FEBRUARY 2020

Application for approval of the Wagners CFT Manufacturing Pty Ltd Employee Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Wagners CFT Manufacturing Pty Ltd Employee Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Act). It has been made by Wagners CFT Manufacturing Pty. Ltd. (the Applicant).

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

[3]   I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES): 

•  Clause 30.1 – Voluntary cashing out of leave

•  Clause 35.5 and 35.6 – Public holidays

•  Clause 41.1 – Variation of notice period

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

[5] 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.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 February 2020. The nominal expiry date of the Agreement is 17 February 2024.

DEPUTY PRESIDENT

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Appendix A.