Harvest Freshcuts Pty Ltd T/A One Harvest
[2023] FWCA 912
•28 MARCH 2023
| [2023] FWCA 912 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Harvest Freshcuts Pty Ltd T/A One Harvest
(AG2023/607)
HARVEST FRESHCUTS PTY LTD (WA) ENTERPRISE AGREEMENT 2023
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 28 MARCH 2023 |
Application for approval of the Harvest Freshcuts Pty Ltd (WA) Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Harvest Freshcuts Pty Ltd (WA) Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Harvest Freshcuts Pty Ltd T/A One Harvest (Employer). The Agreement is a single enterprise agreement.
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 the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 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:
· Clause 34 of the Agreement provides for compassionate leave, however it is silent in relation to the entitlement when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(b) and (c) of the Act.
· Clause 13.3(a) of the Agreement arguably imposes a more onerous definition of “summary dismissal” than the definition in reg 1.07 of the Fair Work Regulations 2009 (Cth).
The United Workers’ Union, 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 April 2023. The nominal expiry date of the Agreement is 28 March 2027.
DEPUTY PRESIDENT
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Annexure A
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