Pacific Brands Workwear Group T/A Yakka Pty Ltd

[2013] FWCA 1226

[2013] FWCA 1226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Brands Workwear Group T/A Yakka Pty Ltd
(AG2013/141)

YAKKA (SOMERTON) & NATIONAL UNION OF WORKERS CERTIFIED AGREEMENT 2012.

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 22 FEBRUARY 2013

Application for approval of the Yakka (Somerton) & National Union of Workers Certified Agreement 2012.

[1] An application has been made for the approval of an enterprise agreement known as the Yakka (Somerton) & National Union of Workers Certified Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Clause 7.2 of the Agreement provides that the Agreement shall be read and interpreted in conjunction with the National Employment Standards (NES) and where there is an inconsistency between the two the more beneficial provision to an employee shall take precedence. In this regard it is noted that some clauses in the Agreement (in particular clauses: 17; 31; 32; 33; and 36) may be less beneficial to an employee than the NES. Where the Agreement excludes, displaces or provides for a less beneficial provision, the NES will apply pursuant to ss.55 and 61 of the Act.

[3] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application until the actual date of lodgement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[5] 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) of the Act, I note the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2013. The nominal expiry date of the Agreement is 30 September 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE400014  PR534345>