Betta Milk Cooperative Society Ltd

[2015] FWCA 1765

[2015] FWCA 1765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Betta Milk Cooperative Society Ltd
(AG2015/211)

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

Tasmania
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 13 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Betta Milk Cooperative Society Ltd 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 Mark Littler. 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 lodging the application to 5 February 2015.

[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] I am not satisfied that the Agreement contains a term about settling disputes in accordance with Section 186(6) of the Act. The model term for dealing with disputes for enterprise agreement contained in Schedule 6.1 of the Fair Work Act 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 2 February 2017.

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