Australian Country Choice Feedlots Pty Ltd as general partner of the Australian Country Choice Feedlots Limited Partnership
[2022] FWCA 3347
•28 SEPTEMBER 2022
| [2022] FWCA 3347 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Country Choice Feedlots Pty Ltd as general partner of the Australian Country Choice Feedlots Limited Partnership
(AG2022/3874)
Australian Country Choice Feedlot Enterprise Agreement 2022
| Agricultural industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 28 SEPTEMBER 2022 |
Application for approval of the Australian Country Choice Feedlot Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Australian Country Choice Feedlot Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Country Choice Feedlots Pty Ltd as general partner of the Australian Country Choice Feedlots Limited Partnership (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written 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.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 10.3 – Withholding of monies where employee fails to give the required notice.
· Clause 10.7 – Abandonment of employment insofar as s.117 of the Act applies.
However, noting clause 4.3 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.
The Agreement is approved and will operate in accordance with s.54 of the Act. In accordance with the undertaking provided, the nominal expiry date of the Agreement is 28 September 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517568 PR746261>
0
0
0