G & K O'Connor Pty Ltd T/A G & K O'Connor Pty Ltd

[2024] FWCA 1613

[2024] FWCA 1613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G & K O'Connor Pty Ltd T/A G & K O'Connor Pty Ltd

(AG2024/1393)

G. & K. O'CONNOR PTY LTD ENTERPRISE AGREEMENT 2024

Meat Industry
COMMISSIONER JOHNS	MELBOURNE, 2 MAY 2024

Application for approval of the G. & K. O'Connor Pty Ltd Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the G. & K. O’Connor Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G & K O’Connor Pty Ltd T/A G & K O’Connor Pty Ltd. The Agreement is a single enterprise agreement.

1. An assessment of the Agreement has identified two clauses that may be inconsistent with the National Employment Standards (NES).  In particular, the terms relating to:

a)Clause 11.5: compassionate leave; and

b)Clause 13.5: abandonment.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

1. Noting the NES precedence clause (clause 3), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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

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) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from the later of the following:

a)7 days after it is approved (i.e. 9 May 2024);

b)the date on which the G. & K. O’Connor Pty Ltd Enterprise Agreement 2021 nominally expires (i.e. 15 February 2025) or is terminated.

1. The nominal expiry date of the Agreement is 1 May 2028.

COMMISSIONER

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