Betta Milk Cooperative Society Ltd

[2015] FWCA 3101

[2015] FWCA 3101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Betta Milk Cooperative Society Ltd
(AG2015/454)

BETTA MILK COOPERATIVE SOCIETY LTD (DISTRIBUTION CENTRES) ENTERPRISE AGREEMENT 2014-2017

Tasmania
DEPUTY PRESIDENT KOVACIC	BRISBANE, 5 MAY 2015

Application for approval of the Betta Milk Cooperative Society Ltd (Distribution Centres) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Betta Milk Cooperative Society Ltd (Distribution Centres) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Betta Milk Co-operative Society Ltd. 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 Betta Milk
Co-operative Society Ltd. 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2015. The nominal expiry date of the Agreement is 2 February 2017.

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Annexure A