The Trustee For The K.J Taylor Family Trust & The Trustee For The W.J Taylor Family Trust T/A Taylor Family Produce

Case •

[2024] FWCA 2167

•

13 JUNE 2024
[2024] FWCA 2167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For The K.J Taylor Family Trust & The Trustee For The W.J Taylor Family Trust T/A Taylor Family Produce

(AG2024/1759)

TAYLOR FAMILY PRODUCE ENTERPRISE AGREEMENT

Agricultural industry

COMMISSIONER YILMAZ

MELBOURNE, 13 JUNE 2024

Application for approval of the Taylor Family Produce Enterprise Agreement

  1. An application has been made for approval of an enterprise agreement known as the Taylor Family Produce Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee For The K.J Taylor Family Trust & The Trustee For The W.J Taylor Family Trust T/A Taylor Family Produce. The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. I observe that clause 22.10 (d) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and in accordance with s.54, will operate from 20 June 2024. The nominal expiry date of the Agreement is 12 June 2028.

COMMISSIONER

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<AE525002 PR775937>

Annexure A

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