Samuel Smith & Son Pty Ltd

[2014] FWCA 5986

[2014] FWCA 5986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samuel Smith & Son Pty Ltd
(AG2014/7059)


SAMUEL SMITH & SON PTY LTD AUSTRALIA EMPLOYEE COLLECTIVE AGREEMENT (WAREHOUSE EMPLOYEES) 2014

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 29 AUGUST 2014

Application for approval of the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2014

[1] An application for approval of an enterprise agreement known as the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2014 (the Agreement) has been made by Samuel Smith & Son Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The consultation term in the Agreementfails to reflect the recent amendments to s.205 of the Act 1 relating to changes to regular rosters and ordinary hours of work. In accordance with s.205(2) of the Act the model consultation term will be taken to be a term of the Agreement. It has been appended to the Agreement as Schedule 1.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 5 September 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

 1   Sections 205(1)(a) and (1A) of the Act

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