Russell Kirk Pty Ltd T/A The Russell Kirk Family Trust

[2013] FWCA 3007

[2013] FWCA 3007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Kirk Pty Ltd T/A The Russell Kirk Family Trust
(AG2013/902)

RUSSELL KIRK PTY LTD ENTERPRISE AGREEMENT 2013.

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	MELBOURNE, 16 MAY 2013

Application for approval of the Russell Kirk Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the Russell Kirk Pty Ltd Enterprise Agreement 2013 (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] It is noted that clause 20 of the Agreement in relation to the taking of compassionate leave may be less beneficial to an employee than the National Employment Standards (NES). Where an Agreement excludes, displaces or provides for a less beneficial provision, the NES will apply in accordance with ss.55, 56 and 61 of the Act.

[3] An undertaking has been provided by Russell Kirk Pty Ltd in relation to the nominal expiry date of the Agreement. The undertaking has been attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2013. The nominal expiry date of the Agreement is 16 May 2017.

SENIOR DEPUTY PRESIDENT

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