F & M Casella Family Trust T/A Casella Management Pty Ltd
[2022] FWCA 3579
•13 OCTOBER 2022
| [2022] FWCA 3579 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
F & M Casella Family Trust T/A Casella Management Pty Ltd
(AG2022/4112)
Casella Management Enterprise Agreement 2022
| Wine industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 13 OCTOBER 2022 |
Application for approval of the Casella Management Enterprise Agreement 2022
Casella Management Pty Ltd has applied for approval of an enterprise agreement known as the Casella Management Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Agreement lodged contained an error where clause 9.2 a) erroneously referred to the year 2012 instead of 2022. The Employer filed an amended page of the Agreement on 13 October 2022. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.
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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I observe that clause 17 c) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 19 October 2025.
COMMISSIONER
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Annexure A
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