WestRock Oceania Pty Ltd

[2019] FWCA 5714

[2019] FWCA 5714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WestRock Oceania Pty Ltd
(AG2019/1789)

WESTROCK OCEANIA ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 AUGUST 2019

Application for approval of the WestRock Oceania Enterprise Agreement 2018-2021.

[1] WestRock Oceania Pty Ltd has applied for approval of a single enterprise agreement known as the WestRock Oceania Enterprise Agreement 2018 - 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] After the application was made, concerns were raised in relation to whether the Agreement passes the “better off overall” test.

[3] Written undertakings were given to address the concerns in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representatives did not oppose the Undertakings.

[4] I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[5] Noting clauses 5 and 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and having regard to the Undertakings, 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.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[8] The Agreement was approved on 16 August 2019 and, in accordance with s.54, will operate from 23 August 2019. The nominal expiry date of the Agreement is 6 December 2021.

DEPUTY PRESIDENT

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Annexure A