Estee Lauder T/A M.A.C Cosmetics

[2022] FWCA 996

[2022] FWCA 996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s. 185—Enterprise agreement

Estee Lauder T/A M.A.C Cosmetics

(AG2022/507)

Estee Lauder National Retail Services & Online Sales Enterprise Agreement 2022

Retail industry
COMMISSIONER MIRABELLA	MELBOURNE, 22 MARCH 2022

Application for approval of the Estee Lauder National Retail Services & Online Sales Enterprise Agreement 2022.

1. Estee Lauder T/A M.A.C Cosmetics (the Employer) has made an application for approval of an enterprise agreement known as the Estee Lauder National Retail Services & Online Sales Enterprise Agreement 2022 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 22 March 2022 and, in accordance with s. 54, will operate from 29 March 2022. The nominal expiry date of the Agreement is 22 March 2026.

COMMISSIONER

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Annexure A