Canobolas Caravan Park Pty Ltd T/A Canobolas Caravan & Marine Centre

[2021] FWCA 6824

[2021] FWCA 6824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canobolas Caravan Park Pty Ltd T/A Canobolas Caravan & Marine Centre
(AG2021/7758)

CANOBOLAS CARAVAN AND MARINE CENTRE SINGLE ENTERPRISE AGREEMENT 2021

Retail industry
DEPUTY PRESIDENT EASTON	SYDNEY, 24 NOVEMBER 2021

Application for approval of the Canobolas Caravan and Marine Centre Single Enterprise Agreement 2021.

[1] Canobolas Caravan Park Pty Ltd T/A Canobolas Caravan & Marine Centre (the Employer) has made an application for the approval of the Canobolas Caravan and Marine Centre Single Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

•  Clause 14.3 – Termination

•  Clause 27.3 – Hours of Work – General Conditions

•  Clause 46.2 and Clause 46.9 – Personal/Carer’s Leave

•  Clause 63.3 – Redundancy

[5] Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2021. The nominal expiry date of the Agreement is 24 November 2025.

DEPUTY PRESIDENT

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Annexure A