Burles Consulting Pty Ltd
[2025] FWCA 1158
•4 APRIL 2025
| [2025] FWCA 1158 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Burles Consulting Pty Ltd
(AG2025/853)
TASSAL DOVER PROCESSING ENTERPRISE AGREEMENT 2024
| Seafood processing | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 4 APRIL 2025 |
Application for approval of the Tassal Dover Processing Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Tassal Dover Processing Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burles Consulting Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Australian Workers’ Union (AWU) 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. The AWU supports approval the Agreement.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· 12.5 - Exemption to pay Redundancy Pay.
However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2025. The nominal expiry date of the Agreement is 1 November 2027.
DEPUTY PRESIDENT
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