Advance GW Pty Ltd T/A Action Workforce

[2020] FWCA 1809

[2020] FWCA 1809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advance GW Pty Ltd T/A Action Workforce
(AG2020/874)

ADVANCE GW PTY LTD AND AWU MUSHROOM CATEGORY MONARTO ENRERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER PLATT	ADELAIDE, 3 APRIL 2020

Application for approval of the Advance GW Pty Ltd and AWU Mushroom Category Monarto Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Advance GW Pty Ltd T/A Action Workforce (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Advance GW Pty Ltd and AWU Mushroom Category Monarto Enterprise Agreement 2019 (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 April 2020.

[3] On 2 April 2020, my Chambers sent an email to the parties seeking clarification in relation to the pre-approval requirements. These matters were addressed by additional information provided by the Applicant on 3 April 2020.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[6] 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) of the Act I note that the Agreement covers this organisation.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 17 September 2022.

COMMISSIONER

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