Vitasoy Australia Products Pty Ltd T/A Vitasoy

[2023] FWCA 2697

[2023] FWCA 2697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vitasoy Australia Products Pty Ltd T/A Vitasoy

(AG2023/2762)

VITASOY AUSTRALIA PRODUCTS PTY LTD UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER TRAN	MELBOURNE, 24 AUGUST 2023

Application for approval of the Vitasoy Australia Products Pty Ltd United Workers Union Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Vitasoy Australia Products Pty Ltd United Workers Union Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Vitasoy Australia Products Pty Ltd T/A Vitasoy.

1. The Agreement is a single enterprise agreement.

1. 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.

1. Clauses 23.1(b) and 23.1(f) of the Agreement deal with annual leave. These clauses express the entitlement to annual leave in hours and days rather than in weeks as expressed in the National Employment Standards (NES). I note however that Clause 6(d) of the Agreement provides that where there is any inconsistency between this Agreement and the NES the more beneficial provision to an employee will take precedence. As a result, I am satisfied that pursuant to s 55(7) of the Act, the terms are permitted by ss 55(4) and (5) and they do not contravene s 55(1).

1. 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 31 August 2023. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521243  PR765493>