Cub Pty Ltd
[2022] FWCA 3807
•28 OCTOBER 2022
| [2022] FWCA 3807 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cub Pty Ltd
(AG2022/4340)
CUB Abbotsford Trades Enterprise Agreement 2022
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER LEE | MELBOURNE, 28 OCTOBER 2022 |
Application for approval of the CUB Abbotsford Trades Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the CUB Abbotsford Trades Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cub Pty Ltd. The Agreement is a single enterprise agreement.
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.
The Australian Manufacturing Workers' Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have 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 organisations.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Employment, Engagement and Termination – Clause 16.4.1 and 16.4.6.
· Leave – Clause 19.2.3 and 19.2.5.
However, noting clause 2.5.2 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2022. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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