Harvey Fresh Juice Pty Ltd T/A Harvey Fresh Juice
[2024] FWCA 2833
•1 AUGUST 2024
| [2024] FWCA 2833 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Harvey Fresh Juice Pty Ltd T/A Harvey Fresh Juice
(AG2024/2644)
HARVEY FRESH JUICE PTY LTD – GRIFFITH – ENTERPRISE AGREEMENT 2024-2027
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER P RYAN | SYDNEY, 1 AUGUST 2024 |
Application for approval of the HARVEY FRESH JUICE PTY LTD - GRIFFITH -ENTERPRISE AGREEMENT2024-2027
Harvey Fresh Juice Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Harvey Fresh Juice Pty Ltd – Griffith – Enterprise Agreement 2024-2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Sections 186, 187 and 188
On the basis of the material contained in the application and accompanying declarations, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
National Employment Standards
I observe that clauses 15.4 and 16.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Delegates’ rights term
Clause 36 of the Agreement provides for a delegates’ rights term that is less favourable than the workplace delegates’ rights term in the Food, Beverage and Tobacco Manufacturing Award 2020 (Award). Pursuant to s.205A(2) of the FW Act, clause 30A of the Award is taken to be a term of the Agreement.
Section 183 Bargaining Representative
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 FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 8 August 2024. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
<AE525657 PR777799>
0
0
0