Simplot Australia Pty Limited T/A Simplot Australia

[2019] FWCA 2938

[2019] FWCA 2938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simplot Australia Pty Limited T/A Simplot Australia
(AG2019/801)

SIMPLOT AUSTRALIA PTY LIMITED (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 1 MAY 2019

Application for approval of the Simplot Australia Pty Limited (Maintenance Employees) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Simplot Australia Pty Limited (Maintenance Employees) Enterprise Agreement 2018 (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 T/A Simplot Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 37 - Annual Leave.

However, noting clause 6.9 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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<AE503170  PR707800>