DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers’ Union
(AG2019/4470)

HUNTER LEISURE PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019

Application for approval of the Hunter Leisure Pty Ltd and National Union of Workers Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Hunter Leisure Pty Ltd and National Union of Workers Enterprise Agreement 2019 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting clause 7 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.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and 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.

[6] The United Workers’ Union (formerly the National Union of Workers’), 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.
[7] The Agreement was approved on 24 December 2019. Notwithstanding clause 3 of the Agreement, in accordance with s.54, the Agreement will operate from 31 December 2019. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

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Annexure A