Stonehenge Beltana Pty Ltd
[2022] FWCA 3653
•19 OCTOBER 2022
| [2022] FWCA 3653 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Stonehenge Beltana Pty Ltd
(AG2022/4254)
Stonehenge Beltana Enterprise Agreement 2022
| Australian Capital Territory | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 19 OCTOBER 2022 |
Application for approval of the Stonehenge Beltana Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Stonehenge Beltana Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Stonehenge Beltana Pty Ltd (Employer). The Agreement is a single enterprise agreement.
There was an issue raised by the Commission with the Employer as to apparent typographical cross-referencing errors at clauses 2.3, 2.7, 3.1, 4.1, 6.2 and 15.1. The Employer thereafter filed a corrected version of the Agreement resolving each of these cross-referencing errors. I am satisfied that these corrections should be made, and that it is appropriate to do so. Pursuant to s.586 of the Act, I make these corrections and publish the Agreement in its corrected form.
Undertakings
The Employer has provided written undertakings dated 18 October 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the General Retail Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
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 26 October 2022. The nominal expiry date of the Agreement is 19 October 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517854 PR747017>
Annexure A
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