Agribusiness Pty Ltd

[2013] FWCA 6970

[2013] FWCA 6970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Agribusiness Pty Ltd
(AG2013/7799)

AGRIBUSINESS ENTERPRISE AGREEMENT 2013

Agricultural industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 13 SEPTEMBER 2013

Application for approval of the Agribusiness Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Agribusiness Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Agribusiness Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Written undertakings have been provided by the employer and are attached to this decision.

[3] The Agreement is approved, subject to the written undertaking provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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, excluding the better off overall test. I am not satisfied that the Agreement passes the better off overall test.

[5] Pursuant to s.189(2) of the Act I may approve the Agreement if I am satisfied that, because of exceptional circumstances, the approval of the Agreement would not be contrary to the public interest. I am satisfied that I should approve the Agreement pursuant to s.189(2) of the Act and will publish my reasons for decision in due course.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2013. Pursuant to s.189(4)(b) the nominal expiry date of the Agreement is 13 September 2015.

DEPUTY PRESIDENT

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Attachment 1 - Undertakings.