Australian Workers’ Union, The

[2021] FWCA 6871

[2021] FWCA 6871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2021/8443)

AWU AND S & K SHEARING PTY LTD (TASMANIAN SHEARING OPERATIONS) ENTERPRISE AGREEMENT

Agricultural industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 NOVEMBER 2021

Application for approval of the AWU and S & K Shearing Pty Ltd (Tasmanian Shearing Operations) Enterprise Agreement

[1] An application has been made for approval of an enterprise agreement to be known as the AWU and S & K Shearing Pty Ltd (Tasmanian Shearing Operations) Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by S&K Shearing Pty Ltd (Employer) and the Australian Workers’ Union (AWU). The Agreement is a single enterprise agreement.

[2] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2021. The nominal expiry date of the Agreement is 1 October 2024.

DEPUTY PRESIDENT

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