Samuel Smith & Son Pty Ltd

[2013] FWCA 8106

[2013] FWCA 8106

The attached document replaces the document previously issued with the above code on 16 October 2013

Please note there was a typographical error in the main title of the previously issued document, namely the words “enterprise agreement” appeared at the end of title.

Sarah Laube

Associate to Deputy President Bartel

Dated 17 October 2013

[2013] FWCA 8106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samuel Smith & Son Pty Ltd
(AG2013/9737)

S SMITH & SON PTY LTD TENTH ENTERPRISE BARGAINING AGREEMENT

Wine Industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 16 OCTOBER 2013

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

[1] An application for approval of an enterprise agreement known as the S Smith & Son Pty Ltd Tenth Enterprise Bargaining Agreement (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 Agreement does not include a consultation term that meets the requirement of s.205(1) of the Act, and in accordance with s.205(2) of the Act the model consultation term is taken to be a term of the Agreement. The model term is now appended to the Agreement as Schedule 3.

[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] United Voice and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical, Energy and Services Division (the CEPU) were bargaining representatives for the Agreement and each has given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) of the Act, I note that the Agreement covers United Voice and the CEPU.

[5] The Agreement is approved. The operative date identified in the Agreement is 1 October 2013, however s.54(1) of the Act provides that the earliest date on which an enterprise agreement can operate is 7 days after it is approved by the Fair Work Commission. Accordingly, the commencement date of the Agreement is 23 October 2013, however the employer can apply the terms of the Agreement administratively from an earlier date. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE404803  PR543324>