Batlow Fruit Company Pty Ltd

[2019] FWCA 1254

[2019] FWCA 1254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Batlow Fruit Company Pty Ltd
(AG2019/98)

BATLOW FRUIT COMPANY PTY LTD COLLECTIVE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 FEBRUARY 2019

Application for approval of the Batlow Fruit Company Pty Ltd Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Batlow Fruit Company Pty Ltd Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Batlow Fruit Company Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] I note that Clauses 19.2(d) and 21.2 are inconsistent with the National Employment Standards (NES). However, given clauses 19.1 and 21.1 provide that the NES apply to the accrual and taking of personal leave and annual leave, respectively, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501997  PR705312>

Annexure A