Golden North Pty Ltd T/A Golden North Ice Cream
[2024] FWCA 3506
•4 OCTOBER 2024
| [2024] FWCA 3506 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Golden North Pty Ltd T/A Golden North Ice Cream
(AG2024/3535)
GOLDEN NORTH PTY LTD LAURA OPERATIONS AGREEMENT 2024
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 4 OCTOBER 2024 |
Application for approval of the Golden North Pty Ltd Laura Operations Agreement 2024
Golden North Pty Ltd has applied for approval of an enterprise agreement known as the Golden North Pty Ltd Laura Operations Agreement (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 Notice of Representational Rights (NERR) distributed to employees was provided more than 14 days after the notification time. Further, the email detailing the voting process to employees was distributed on 15 August 2024, providing only a 6-day period before the vote. However, I am satisfied that the Agreement would have been genuinely agreed to but for the delay in providing the NERR to employees under s.173(3) of the Act and for the minor error in notifying employees of the access period as required under s.180(3) of the Act. I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by either matter. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
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.
The United Workers’ Union and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover each union. In accordance with s.201(2) I note that the Agreement covers both organisations.
I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):
Clause 14– Annual Leave; and
Clause 23.6 – Abandonment of employment
However, noting clause 28 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 11 October 2024. The nominal expiry date of the Agreement is 20 September 2027.
DEPUTY PRESIDENT
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