The Trustees for Empros Trust & the Tharos Trust T/A Frewville Foodland and The Ikia Trust & the Ikkos Trust & the Ythos Trust T/A Pasadena Foodland

[2018] FWCA 7855

[2018] FWCA 7855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustees for Empros Trust & the Tharos Trust T/A Frewville Foodland and The Ikia Trust & the Ikkos Trust & the Ythos Trust T/A Pasadena Foodland
(AG2018/4863)

THE CRG AGREEMENT 2018

Retail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 DECEMBER 2018

Application for approval of The CRG Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The CRG 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 The Trustees for Empros Trust & the Tharos Trust T/A Frewville Foodland and The Ikia Trust & the Ikkos Trust & the Ythos Trust T/A Pasadena Foodland. The Agreement is a single enterprise agreement.

[2] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20.1 – Personal/Carer’s Leave;
•  Clause 20.3 – Jury Service Leave;
•  Clause 20.4 – Annual Leave;

•  Clause 20.8 – Leave Without Pay;

•  Clause 21.1 – Termination of Employment.

However, noting clause 6 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.

[3] 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.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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.

[6] The Shop, Distributive and Allied Employees Association 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 27 December 2021.

DEPUTY PRESIDENT

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Annexure A