Batlow Fruit Co-operative Limited

[2013] FWCA 696

[2013] FWCA 696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Batlow Fruit Co-operative Limited
(AG2012/13124)

BATLOW FRUIT CO-OPERATIVE COLLECTIVE AGREEMENT 2011-2013

Food, beverages and tobacco manufacturing industry
VICE PRESIDENT LAWLER	SYDNEY, 31 JANUARY 2013

Application for approval of Batlow Fruit Co-operative Collective Agreement 2011-2013.

[1] An application has been made for approval of an enterprise agreement known as the Batlow Fruit Co-operative Collective Agreement 2011-2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Batlow Fruit Co-operative Limited. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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 an undertaking from Batlow Fruit Co-operative Limited. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Union (AMWU) being bargaining representatives 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2013. The nominal expiry date of the Agreement is 31 December 2013.

VICE PRESIDENT

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