Simplot Australia Pty Limited
[2024] FWCA 2894
•6 AUGUST 2024
| [2024] FWCA 2894 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Simplot Australia Pty Limited
(AG2024/2736)
SIMPLOT AUSTRALIA PTY LIMITED AND AMWU AND CEPU ECHUCA ENTERPRISE AGREEMENT 2024
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 6 AUGUST 2024 |
Application for approval of the Simplot Australia Pty Limited and AMWU and CEPU Echuca Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Simplot Australia Pty Limited and AMWU and CEPU Echuca Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Simplot Australia Pty Limited. The Agreement is a single enterprise agreement.
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 "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The AMWU and CEPU support approval of the Agreement.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 56 – Compassionate Leave; and
· Clause 62.4 – Absence before or after public holiday.
However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2024. The nominal expiry date of the Agreement is 31 March 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525710 PR777921>
0
0
0