Derby Industries Pty Ltd

[2013] FWCA 7463

[2013] FWCA 7463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derby Industries Pty Ltd
(AG2013/9512)

DERBY INDUSTRIES PTY LTD - ENTERPRISE AGREEMENT 2013 (LINLEY VALLEY PORK - BONING)

Meat Industry
COMMISSIONER WILLIAMS	PERTH, 27 SEPTEMBER 2013

Application for approval of the Derby Industries Pty Ltd - Enterprise Agreement 2013 (Linley Valley Pork - Boning).

[1] An application has been made for approval of an enterprise agreement known as the Derby Industries Pty Ltd - Enterprise Agreement 2013 (Linley Valley Pork - Boning) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Derby Industries Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Pursuant to s.185(3)(b) of the Act, the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[3] 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.

[4] The Australasian Meat Industry Employees 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[6] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 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 4 October 2013. The nominal expiry date of the Agreement is 27 September 2017.

COMMISSIONER

 1   Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

 2   Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

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