Nolan Meats Pty Ltd
[2023] FWCA 2486
•10 AUGUST 2023
| [2023] FWCA 2486 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Nolan Meats Pty Ltd
(AG2023/2492)
NOLAN MEATS PTY LTD 2023 COLLABORATIVE AGREEMENT (CA
| Meat Industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 10 AUGUST 2023 |
Application for approval of the Nolan Meats Pty Ltd 2023 Collaborative Agreement (CA)
An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Nolan Meats Pty Ltd 2023 Collaborative Agreement (CA) (Agreement).
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.
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.
Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Clause 15 – public holidays – is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 August 2023. The nominal expiry date of the Agreement is 10 August 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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