Samuel Smith & Son Pty Ltd T/A Samuel Smith & Son

[2016] FWCA 8669

[2016] FWCA 8669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samuel Smith & Son Pty Ltd T/A Samuel Smith & Son
(AG2016/6634)

SAMUEL SMITH & SON PTY LTD AUSTRALIA EMPLOYEE COLLECTIVE AGREEMENT (WAREHOUSE EMPLOYEES) 2016

Wine industry
COMMISSIONER ROE	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2016.

[1] An application has been made for approval of an enterprise agreement known as the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Samuel Smith & Son Pty Ltd T/A Samuel Smith & Son. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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. 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.

[4] The Agreement was approved on 5 December 2016 and, in accordance with s.54, will operate from 12 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A