Derby Industries Pty Ltd T/A Linley Valley Pork

[2019] FWCA 7214

[2019] FWCA 7214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derby Industries Pty Ltd T/A Linley Valley Pork
(AG2019/3772)

DERBY INDUSTRIES PTY LTD - ENTERPRISE AGREEMENT 2019 (TALLOMAN MAINTENANCE)

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 OCTOBER 2019

Application for approval of the Derby Industries Pty Ltd - Enterprise Agreement 2019 (Talloman Maintenance).

[1] Derby Industries Pty Ltd T/A Linley Valley Pork has made an application for the approval of an enterprise agreement known as the Derby Industries Pty Ltd - Enterprise Agreement 2019 (Talloman Maintenance) (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 18 October 2019 and, in accordance with s 54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 25 October 2022

DEPUTY PRESIDENT

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Annexure A