Theodore Samios T/A Lesaffre Australia Pacific Pty Ltd
[2024] FWCA 693
•22 FEBRUARY 2024
| [2024] FWCA 693 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Theodore Samios T/A Lesaffre Australia Pacific Pty Ltd
(AG2024/310)
LESAFFRE AUSTRALIA PACIFIC COLLECTIVE AGREEMENT 2024
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 22 FEBRUARY 2024 |
Application for approval of the Lesaffre Australia Pacific Collective Agreement 2024
An application has been made for approval of an enterprise agreement known as the Lesaffre Australia Pacific Collective 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 Theodore Samios T/A Lesaffre Australia Pacific Pty Ltd (the Employer). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 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.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.4 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.
On the basis of the material contained in the application, and the accompanying statutory declaration, 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.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 22 February 2024 and, in accordance with s 54, will operate from 29 February 2024. The nominal expiry date of the Agreement is 31 December 2026.
COMMISSIONER
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