S Smith and Son Pty Ltd T/A Yalumba Family Winemakers

[2020] FWCA 4802

[2020] FWCA 4802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

S Smith and Son Pty Ltd T/A Yalumba Family Winemakers
(AG2020/2462)

S SMITH & SON PTY LTD TWELFTH ENTERPRISE BARGAINING AGREEMENT

Wine industry
COMMISSIONER LEE	MELBOURNE, 9 SEPTEMBER 2020

Application for variation of the S Smith & Son Pty Ltd Twelfth Enterprise Bargaining Agreement.

[1] An application has been made for approval of a variation to the S Smith & Son Pty Ltd Twelfth Enterprise Bargaining Agreement (the Agreement). The application was made by S Smith and Son Pty Ltd T/A Yalumba Family Winemakers pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 9 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506479  PR722597>