HW Greenham & Sons Pty Ltd

[2025] FWCA 499

[2025] FWCA 499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HW Greenham & Sons Pty Ltd

(AG2025/131)

H.W GREENHAM & SON PTY LTD MEAT PROCESSING ENTERPRISE AGREEMENT TONGALA 2024

Meat Industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 7 FEBRUARY 2025

Application for approval of the H.W Greenham & Sons Pty Ltd Meat Processing Enterprise Agreement Tongala 2024

1. An application has been made for approval of an enterprise agreement known as the H.W Greenham & Sons Pty Ltd Meat Processing Enterprise Agreement Tongala 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HW Greenham & Sons Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·  Clause 23;

·  Clause 24;

·  Clause 26; and

·  Clause 27

However, noting clause 2 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2025. The nominal expiry date of the Agreement is 14 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A