Ausfarm Fresh People Pty Ltd T/A Ausfarm Fresh

[2019] FWCA 2042

[2019] FWCA 2042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausfarm Fresh People Pty Ltd T/A Ausfarm Fresh
(AG2018/7055)

AUSFARM FRESH PEOPLE PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 MARCH 2019

Application for approval of the Ausfarm Fresh People Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ausfarm Fresh People Pty Ltd Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ausfarm Fresh People Pty Ltd T/A Ausfarm Fresh. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 27 March 2023.

DEPUTY PRESIDENT

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Annexure A