Escare Holdings Pty Ltd T/A Cadell Food Service

[2019] FWCA 4020

[2019] FWCA 4020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Escare Holdings Pty Ltd T/A Cadell Food Service
(AG2019/1425)

CADELL FOOD SERVICE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER SPENCER	BRISBANE, 11 JUNE 2019

Application for approval of the Cadell Food Service Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cadell Food Service Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Escare Holdings Pty Ltd T/A Cadell Food Service. The Agreement is a single enterprise agreement.

[2] 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.

[3] The National Union of Workers (NUW), 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 17 in relation to the accrual of annual leave; and

•  Clause 18 in relation to the accrual of personal leave.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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