Winchester Australia Limited
[2024] FWCA 627
•19 FEBRUARY 2024
| [2024] FWCA 627 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Winchester Australia Limited
(AG2024/68)
WINCHESTER AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2023
| Storage services | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 19 FEBRUARY 2024 |
Application for approval of the Winchester Australia Limited Enterprise Agreement 2023
Winchester Australia Limited applies under s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Winchester Australia Limited Enterprise Agreement 2023 (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.
The following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 16.3.2 – Ordinary Hours of Work – Non-Continuous; and
· Clause 29.4.1 – Substitution of Public Holidays by Agreement at the Enterprise.
However, noting clause 1.2 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 Australian 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 February 2024. The nominal expiry date of the Agreement is 26 February 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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