Winc Australia Pty Limited T/A Winc

[2021] FWCA 6109

[2021] FWCA 6109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winc Australia Pty Limited T/A Winc
(AG2021/7332)

WINC ENTERPRISE AGREEMENT, BOHLE 2021

Storage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 5 OCTOBER 2021

Application for approval of the Winc Enterprise Agreement, Bohle 2021

[1] Winc Australia Pty Limited T/A Winc (the Employer) has made an application for approval of an enterprise agreement known as the Winc Enterprise Agreement, Bohle 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[4] 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.

[5] I observe that clause 3.6.16 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5.1 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.

[6] The Agreement was approved on 5 October 2021 and, in accordance with s 54, will operate from 12 October 2021. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513364  PR734551>

Annexure A