Charles Porter & Sons Pty Ltd T/A Porters

[2019] FWCA 860

[2019] FWCA 860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Charles Porter & Sons Pty Ltd T/A Porters
(AG2018/3191)

CHARLES PORTER & SONS PTY LTD ENTERPRISE AGREEMENT 2018

Retail industry
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Charles Porter & Sons Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Charles Porter & Sons Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Charles Porter & Sons Pty Ltd T/A Porters. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 12.9 – Paid Annual Leave.

However, noting clause 5.2 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 11 February 2023.

COMMISSIONER

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<AE501740  PR704811>

Annexure A