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

[2019] FWCA 8455

[2019] FWCA 8455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S Smith and Son Pty Ltd T/A Yalumba Family Winemakers
(AG2019/4599)

S SMITH & SON PTY LTD TWELFTH ENTERPRISE BARGAINING AGREEMENT

Wine industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 DECEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the S Smith & Son Pty Ltd Twelfth Enterprise Bargaining Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S Smith and Son Pty Ltd T/A Yalumba Family Winemakers. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and United Workers’ Union (UWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 13 December 2019 and, in accordance with s.54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

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