Endeavour Group Ltd

Case •

[2023] FWCA 1224

•

1 MAY 2023
[2023] FWCA 1224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Endeavour Group Ltd

(AG2023/1048)

ENDEAVOUR GROUP LTD (PROWINE) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023-2026

Manufacturing and associated industries

COMMISSIONER YILMAZ

MELBOURNE, 1 MAY 2023

Application for approval of the Endeavour Group Ltd (Prowine) and United Workers Union Enterprise Agreement 2023-2026

  1. An application has been made for approval of an enterprise agreement known as the Endeavour Group Ltd (Prowine) and United Workers Union Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Endeavour Group Ltd. The Agreement is a single enterprise agreement.

  1. 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. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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.

  1. The United Workers' Union 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.

  1. The Agreement is approved and in accordance with s.54, will operate from 8 May 2023. The nominal expiry date of the Agreement is 1 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519871  PR761476>

Annexure A

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