S Smith & Son Pty Ltd T/A Yalumba

[2017] FWCA 1365

[2017] FWCA 1365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S Smith & Son Pty Ltd T/A Yalumba
(AG2017/36)

S SMITH & SON PTY LTD ELEVENTH ENTERPRISE BARGAINING AGREEMENT

Wine industry
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the S Smith & Son Pty Ltd Eleventh 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 & Son Pty Ltd T/A Yalumba. 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 and United Voice 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 organisations.

[5] The Agreement was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 March 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

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