Davey Water Products T/A Davey Water Products Pty Ltd

[2024] FWCA 3896

[2024] FWCA 3896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Davey Water Products T/A Davey Water Products Pty Ltd

(AG2024/3870)

DAVEY WATER PRODUCTS PTY LTD WAREHOUSE ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER TRAN	MELBOURNE, 7 NOVEMBER 2024

Application for approval of the Davey Water Products Warehouse Enterprise Agreement 2024

1. Davey Water Products Pty Ltd has applied for approval of an enterprise agreement known as Davey Water Products Pty Ltd Warehouse Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that Clause 35 – Compassionate Leave is likely to be inconsistent with the National Employment Standards as it is silent in relation to the entitlement when the employee, their spouse or de facto partner has a miscarriage or gives birth to a stillborn child. However, I note clause 5.6 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the UWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 November 2024.

1. In accordance with clause 4.2, the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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