Taylors Wines Pty Ltd T/A Taylors Wines
[2024] FWCA 4444
•12 DECEMBER 2024
| [2024] FWCA 4444 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Taylors Wines Pty Ltd T/A Taylors Wines
(AG2024/4130)
| Wine industry | |
| COMMISSIONER THORNTON | ADELAIDE, 12 DECEMBER 2024 |
Application for approval of the Taylors Wines Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Taylors Wines 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 Taylors Wines Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided and the National Employment Standards (NES) precedence clause in clause 6 of the Agreement, I am satisfied that the more beneficial entitlements in the Act will prevail where there is an inconsistency between the Agreement and the NES.
In accepting the employees covered by the Agreement will be better off overall, I have relied on the confirmation of the Applicant that piecework rates in schedule 1, clause 54 of the Agreement will be applied at the rates applicable in the Agreement. I have also relied on the Applicant confirming that the Agreement incorporates the Wine Industry Award 2020, the Manufacturing and Associated Industries Award 2020 and the Clerks – Private Sector Award 2020.
The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.
The Agreement is approved and will operate in accordance with s.54 of the Act from 19 December 2024. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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