Casella Management Pty Ltd

[2014] FWCA 7875

[2014] FWCA 7875

FAIR WORK COMMISSION

DECISION

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

Casella Management Pty Ltd
(AG2014/9134)

CASELLA MANAGEMENT ENTERPRISE AGREEMENT 2014

Wine industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 6 NOVEMBER 2014

Application for approval of the Casella Management Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Casella Management Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided by the applicant in relation to clause 22 (Superannuation) of the Agreement. A copy of the undertaking is attached at Annexure A and it is taken to be a term of the Agreement.

[3] Clause 30 of the Agreement (Consultation Regarding Major Workplace Change) does not meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure B.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 13 November 2014. The nominal expiry date of the Agreement is 13 November 2017.

SENIOR DEPUTY PRESIDENT

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Annexure A

Annexure B