S Smith And Son Pty Ltd T/A S Smith And Son Pty Ltd

[2023] FWCA 396

[2023] FWCA 396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

S Smith And Son Pty Ltd T/A S Smith And Son Pty Ltd

(AG2022/5416)

S SMITH & SON PTY LTD THIRTEENTH ENTERPRISE AGREEMENT

Wine industry
COMMISSIONER SCHNEIDER	PERTH, 8 FEBRUARY 2023

Application for approval of the S Smith & Son Pty Ltd Thirteenth Enterprise Agreement

1. S Smith And Son Pty Ltd T/A S Smith And Son Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the S Smith & Son Pty Ltd Thirteenth Enterprise Agreement (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. Pursuant to section 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.

1. The Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the United Workers’ Union (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisations, I note that the Unions are covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

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