austlii:cth/FWCA/2025/2338
General information, not legal advice.
FWCA
2025-07-16
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Kylie Aspery Trading AS Kingston Vineyards Pty Ltd As Trustee For The Kingston Vineyards Personnel Trust T/A Kingston Vineyards Personnel Trust
Application for approval of the Kingston Vineyards Enterprise Agreement 2025
[1] Kingston Vineyards (ABN: 24 374 148 502) has applied for approval of an enterprise agreement known as the Kingston Vineyards Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.
[2] The Agreement is a single enterprise agreement.
[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
Clause 53.4 - Public Holidays
Clause 50.3(b) - Termination
[4] Clause 8 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Employer has provided written undertakings. 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.
[6] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[7] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 July 2025.
[9] In accordance with clause 5, the nominal expiry date of the Agreement is 16 July 2029.
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