Montague Cold Storage Pty Ltd T/A Montague Cold Storage

[2018] FWCA 7000

[2018] FWCA 7000

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Montague Cold Storage Pty Ltd T/A Montague Cold Storage

(AG2018/3713)

Montague Cold Storage & National Union of Workers Enterprise Agreement 2018

Storage services
Deputy President Colman	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Montague Cold Storage & National Union of Workers Enterprise Agreement 2018.

1. An application has been made for approval of an enterprise agreement known as the Montague Cold Storage & National Union of Workers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Montague Cold Storage Pty Ltd T/A Montague Cold Storage. The agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

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

   ·  clause 33 – parental leave

   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.

1. The Agreement was approved on 15 November 2018 and, in accordance with s.54, will operate from 22 November 2018. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

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