Australian Vintage Limited T/A Australian Vintage Limited
[2023] FWCA 287
•30 JANUARY 2023
| [2023] FWCA 287 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australian Vintage Limited T/A Australian Vintage Limited
(AG2022/5599)
AUSTRALIAN VINTAGE LTD QUALCO VITICULTURE EMPLOYEE ENTERPRISE AGREEMENT 2023
| Wine industry | |
| COMMISSIONER P RYAN | SYDNEY, 30 JANUARY 2023 |
Application for approval of the Australian Vintage Ltd Qualco Viticulture Employee Enterprise Agreement 2023
Australian Vintage Limited (Employer) has made an application for approval of an enterprise agreement known as the Australian Vintage Ltd Qualco Viticulture Employee Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Sections 186, 187 and 188
On the basis of the material contained in the application and accompanying statutory declaration, 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.
National Employment Standards
I observe that clauses 17.2 and 28.7 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining Representatives
The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 6 February 2023. The nominal expiry date of the Agreement is 31 December 2024.
COMMISSIONER
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