Capilano Honey Limited

[2018] FWCA 4964

[2018] FWCA 4964

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Capilano Honey Limited

(AG2018/1541)

Capilano Enterprise Agreement 2019

Food, beverages and tobacco manufacturing industry
Commissioner Lee	MELBOURNE, 27 August 2018

Application for approval of the Capilano Enterprise Agreement 2019.

1. An application has been made for approval of an enterprise agreement known as the Capilano Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Capilano Honey Limited. The Agreement is a single enterprise agreement.

1. 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.

1. I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 5.1(6) – cashing out of annual leave; and

·   Clause 2.1.8 – redundancy payable where alternative employment obtained. 

However, noting clause 1.3 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.

1. The National Union of Workers 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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