Aviagen Australia Pty Ltd

[2016] FWCA 8302

[2016] FWCA 8302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aviagen Australia Pty Ltd
(AG2016/6033)

AVIAGEN AUSTRALIA PTY LTD NORTHERN BREEDER FARMS EMPLOYEE ENTERPRISE BARGAINING AGREEMENT 2016-2018

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Aviagen Australia Pty Ltd Northern Breeder Farms Employee Enterprise Bargaining Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Aviagen Australia Pty Ltd Northern Breeder Farms Employee Enterprise Bargaining Agreement 2016 – 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aviagen Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[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] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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ANNEXURE A