Application by Plantic Technologies Limited
What happened
Plantic Technologies Limited applied to have the 'Plantic (Altona Unit 2) AWU – Enterprise Agreement 2026 – 2029' approved. The Australian Workers Union (AWU) supports the agreement and seeks to be covered by it. The agreement is a single enterprise agreement and does not cover all employees, but the group of employees was fairly chosen. The employer provided written undertakings.
What was decided
The Fair Work Commission approved the enterprise agreement. The Commission found that the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 were met. The Commission noted potential inconsistencies with the National Employment Standards (NES) but stated the NES will prevail. A model consultation term and a workplace delegates’ rights term were also taken to be terms of the agreement.
What it means for employers
Employers should ensure enterprise agreements comply with the Fair Work Act 2009, including sections 186, 187, and 188. They should also be aware that the National Employment Standards will take precedence over any conflicting terms in the agreement. Providing written undertakings can be a factor in approval.
What it means for employees
Employees should be aware of their rights under the National Employment Standards, as these will apply if there are inconsistencies in the enterprise agreement. The Australian Workers Union will be covered by the agreement.
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