Australian Dairy Blend Pty Ltd
[2022] FWCA 3413
•4 OCTOBER 2022
| [2022] FWCA 3413 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Dairy Blend Pty Ltd
(AG2022/4035)
Australian Dairy Blends & United Workers Union Enterprise Agreement 2022
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 4 OCTOBER 2022 |
Application for approval of the Australian Dairy Blends & United Workers Union Enterprise Agreement 2022
Australian Dairy Blend Pty Ltd has applied for approval of an enterprise agreement known as the Australian Dairy Blends & United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Agreement title contained in clause 2.1 erroneously referred to the year 2016 rather than 2022. On 4 October 2022, the Applicant filed an amended page of the Agreement. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
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.
The United Workers’ 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 23.13(d)(2) – Payment of leave upon termination;
· Clause 24.3 – Personal Leave; and
· Clause 31.1(b) – Public holidays.
However, noting clause 2.4 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, in accordance with s.54 of the Act, will operate from 11 October 2022. The nominal expiry date of the Agreement is 31 May 2026.
COMMISSIONER
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