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[9]
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austlii:cth/FWCA/2018/7645
procedural. The Agreement was approved and will operate from 26 December 2018 with a nominal expiry date of 15 February 2020.
The Fair Work Commission approved an enterprise agreement for CCL Secure Pty Ltd. The Commission checked that the employer's undertakings wouldn't disadvantage employees, that the agreement met all legal requirements, and that even though some clauses might conflict with minimum employment standards, the agreement had a clause ensuring employees would always get the better entitlement. The agreement will cover the manufacturing workers' union and will start operating on 26 December 2018.
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2 cited instruments linked from this judgment.
s.185 - Enterprise agreement
Application for approval of the CCL Secure Enterprise Agreement.
[1] An application has been made for approval of an enterprise agreement known as the CCL Secure Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CCL Secure Pty Ltd. 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.
[3] Subject to the undertakings referred to above, 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.
[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
clause 7.9 - abandonment of employment
clause 13 - annual leave
clause 14.1(4) - personal leave
However, noting clause 4.6 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.
[5] 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.
[6] 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.
[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 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 of the Act, will operate from 26 December 2018. The nominal expiry date of the Agreement is 15 February 2020.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 26 December 2018 with a nominal expiry date of 15 February 2020.