Betta Milk Cooperative Society Ltd T/A Betta Milk

[2018] FWCA 6041

[2018] FWCA 6041

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Betta Milk Cooperative Society Ltd T/A Betta Milk
(AG2018/1995)

BETTA MILK COOPERATIVE SOCIETY LTD ENTERPRISE AGREEMENT (2017-2020)

Tasmania
COMMISSIONER MCKINNON	MELBOURNE, 27 SEPTEMBER 2018

Application for approval of the Betta Milk Cooperative Society Ltd Enterprise Agreement (2017-2020).

[1] An application has been made for approval of an enterprise agreement known as the Betta Milk Cooperative Society Ltd Enterprise Agreement (2017-2020) (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 Cooperative Society Ltd T/A Betta Milk. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s. 190. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2018. The nominal expiry date of the Agreement is 2 February 2020.

COMMISSIONER

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Annexure A