Chocolatier (Australia) Pty Ltd
[2022] FWCA 2579
•1 AUGUST 2022
| [2022] FWCA 2579 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Chocolatier (Australia) Pty Ltd
(AG2022/2449)
Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Agreement 2022
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 1 AUGUST 2022 |
Application for approval of the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Agreement 2022
An application has been made for approval of an enterprise agreement known as the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Chocolatier (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.
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.
I observe that clause 39.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). Notwithstanding s 117(1) of the Act, clause 39.3 states that termination of employment by abandonment will operate as from the date of the last attendance at work, or the last day’s absence in respect of which consent was granted, or in respect of which notification was given to the Employer, whichever is the latter. However, noting clause 7.2 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:
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 8 August 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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