The Australian Workers’ Union
[2022] FWCA 388
•8 FEBRUARY 2022
| [2022] FWCA 388 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Australian Workers’ Union
(AG2021/9232)
AWU and Double Shearing Team (Tasmanian Shearing Operations) Enterprise Agreement
| Agricultural industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 8 FEBRUARY 2022 |
Application for approval of the AWU and Double Shearing Team (Tasmanian Shearing Operations) Enterprise Agreement.
The Australian Workers’ Union (AWU) has made an application for the approval of the AWU and Double Shearing Team (Tasmanian Shearing Operations) Enterprise Agreement (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that Clause 10.3 – Public Holiday is potentially inconsistent with the National Employment Standards (NES). Noting the NES precedence clause at Clause 17, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The AWU was a bargaining representative for the Agreement and 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 AWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2022. The nominal expiry date of the Agreement is 1 October 2024.
DEPUTY PRESIDENT
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