Petuna Pty Ltd

[2022] FWCA 3115

[2022] FWCA 3115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Petuna Pty Ltd

(AG2022/3617)

Petuna Devonport Processing EA 2022

Seafood processing
COMMISSIONER O'NEILL	MELBOURNE, 8 SEPTEMBER 2022

Application for approval of the Petuna Devonport Processing EA 2022

1. Petuna Pty Ltd has applied for approval of an enterprise agreement known as the Petuna Devonport Processing EA 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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. The Australian 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.

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

·   Clause 11(a) – Compassionate leave;

·   Clause 14(e) – Personal leave;

·   Clause 16(d)v – Casual Employees; and

·   Clause 18 – Holidays with pay.

However, noting clause 5 of the Agreement and the undertakings given by the Employer, 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 15 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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Annexure A