Ashika Visions Pty Ltd T/A OPSM Broken Hill and OPSM Victor Harbor

[2018] FWCA 2045

[2018] FWCA 2045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ashika Visions Pty Ltd T/A OPSM Broken Hill and OPSM Victor Harbor
(AG2017/3977)

ASHIKA VISIONS ENTERPRISE AGREEMENT 2017

Retail industry
DEPUTY PRESIDENT KOVACIC	SYDNEY, 10 APRIL 2018

Application for approval of the Ashika Visions Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ashika Visions Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ashika Visions Pty Ltd T/A OPSM Broken Hill and OPSM Victor Harbor. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Ashika Visions Pty Ltd T/A OPSM Broken Hill and OPSM Victor Harbor. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2018. The nominal expiry date of the Agreement is 30 June 2021.

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Annexure A