Dollar Sweets Company Pty Ltd

[2022] FWCA 1448

[2022] FWCA 1448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dollar Sweets Company Pty Ltd

(AG2022/1178)

Dollar Sweets Pty Ltd Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 APRIL 2022

Application for approval of the Dollar Sweets Pty Ltd Enterprise Agreement 2021

1. The Dollar Sweets Company Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Dollar Sweets Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. I note that the deduction contained at clause 7.2(b) of the Agreement may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 6.2 of the Agreement is deemed sufficient to resolve this NES concern.

1. As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement. The term is found at the end of the Agreement.

1. 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 17 November 2024.

COMMISSIONER

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<AE515822  PR741077>