Harvey Fresh Juice Pty Ltd

[2021] FWCA 5183

[2021] FWCA 5183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harvey Fresh Juice Pty Ltd
(AG2021/6620)

HARVEY FRESH JUICE PTY LTD - GRIFFITH - ENTERPRISE AGREEMENT 2021-2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 20 AUGUST 2021

Application for approval of the Harvey Fresh Juice Pty Ltd - Griffith - Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Harvey Fresh Juice Pty Ltd - Griffith - Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harvey Fresh Juice Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe clauses 31.1 and 15.3 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 27 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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