Kyabram Cold Storage Pty Ltd T/A Kyabram Cold Storage

[2020] FWCA 1608

[2020] FWCA 1608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kyabram Cold Storage Pty Ltd T/A Kyabram Cold Storage
(AG2020/653)

KYABRAM COLD STORAGE AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 27 MARCH 2020

Application for approval of the Kyabram Cold Storage and United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Kyabram Cold Storage and United Workers Union Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kyabram Cold Storage Pty Ltd T/A Kyabram Cold Storage. 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.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 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 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 3 April 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507566  PR717797>