Application for approval of the S. Smith & Son Pty Limited Fourteenth Enterprise Agreement

[1] An application has been made for approval of an enterprise agreement known as the S. Smith & Son Pty Limited Fourteenth Enterprise Agreement (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by S. Smith & Son Pty. Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

[3] Noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers' Union (UWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU, CEPU, and AMWU.

[5] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 September 2027.

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