CostaExchange Pty Ltd T/A Costa (Berry Category)

[2019] FWCA 8448

[2019] FWCA 8448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CostaExchange Pty Ltd T/A Costa (Berry Category)
(AG2019/2033)

COSTA (BERRY CATERGORY) ENTERPRISE AGREEMENT 2019 - 2023

Agricultural industry
COMMISSIONER BISSETT	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Costa (Berry Category) Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Costa (Berry Category) Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Costa Exchange Pty Ltd T/A Costa (Berry Category). The Agreement is a single enterprise agreement. A decision 1 dealing with preliminary issues was issued by the Fair Work Commission on 6 December 2019.

[2] The Employer has provided written undertakings. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement lodged contained a typographical error at clause 13.8. On 20 September 2019 the applicant filed an amended page 8 to the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act

[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 20 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Annexure A

 1   [2019] FWC 8291.

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