Saizeriya Australia Pty Ltd T/A Saizeriya Australia

[2022] FWCA 3707

[2022] FWCA 3707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saizeriya Australia Pty Ltd T/A Saizeriya Australia

(AG2022/4218)

Saizeriya Australia Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 OCTOBER 2022

Application for approval of the Saizeriya Australia Enterprise Agreement 2022.

1. An application has been made for approval of an enterprise agreement known as the Saizeriya Australia Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saizeriya Australia Pty Ltd T/A Saizeriya Australia. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. I note that Clause 14(a)(vii)(2) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

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Annexure A