William Russell Doors

[2020] FWCA 65

[2020] FWCA 65

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

William Russell Doors
(AG2019/3800)

WILLIAM RUSSELL DOORS ENTERPRISE AGREEMENT 2018

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 7 JANUARY 2020

Application for approval of the William Russell Doors Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the William Russell Doors Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by William Russell Doors. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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] The employer did not notify employees of the place the vote would occur; however, I note the Agreement is proposed to cover 11 employees of which 10 cast a valid vote and 10 voted to approve the Agreement. Pursuant to s.188(2), I am satisfied the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3) of the Act. I am satisfied the employees covered by the Agreement were not likely to have been disadvantaged by the error as a result and am satisfied the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and in accordance with s.54, will operate from 14 January 2020. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

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Annexure A