Vegco Pty Ltd T/A One Harvest
[2022] FWCA 2100
•24 JUNE 2022
| [2022] FWCA 2100 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Vegco Pty Ltd T/A One Harvest
(AG2022/1497)
Vegco Pty Ltd & United Workers Union Enterprise Agreement 2021
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER LEE | MELBOURNE, 24 JUNE 2022 |
Application for approval of the Vegco Pty Ltd & United Workers Union Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Vegco Pty Ltd & United Workers Union Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vegco Pty Ltd T/A One Harvest. The Agreement is a single enterprise agreement.
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.
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.
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.
The United Workers’ Union 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 14.2.2 – Notice of Termination by Employees.
· Clause 27.12.2 – Payment for Period of Leave.
· Clause 28.1.6 – Personal Leave.
· Clause 34.2 – Public Holidays.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2022. The nominal expiry date of the Agreement is 30 September 2024.
COMMISSIONER
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Annexure A
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