Australian Vintage Limited
[2020] FWCA 3564
•7 JULY 2020
| [2020] FWCA 3564 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Vintage Limited
(AG2020/1700)
AUSTRALIAN VINTAGE LIMITED - MERBEIN WORKSHOP ENTERPRISE AGREEMENT 2020
Manufacturing and associated industries | |
DEPUTY PRESIDENT YOUNG | MELBOURNE, 7 JULY 2020 |
Application for approval of the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2020.
[1] Australian Vintage Limited (the Employer) has made an application for approval of an enterprise agreement known as the Australian Vintage Limited - Merbein Workshop Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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.
[3] I observe that clause 18.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.7 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.
[4] “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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[5] The Agreement was approved on 7 July 2020 and, in accordance with s 54, will operate from 14 July 2020. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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