Dorrian Consultancy Pty Ltd

[2019] FWCA 2125

[2019] FWCA 2125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dorrian Consultancy Pty Ltd
(AG2018/6499)

DORRIAN CONSULTANCY PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER JOHNS	MELBOURNE, 30 MARCH 2019

Application for approval of the Dorrian Consultancy Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dorrian Consultancy Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Dorrian Consultancy Pty Ltd. The Agreement is a single enterprise agreement.

[2] On 28 March 2019, the Employer 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that clause 5.3 of the Agreement details a National Employment Standards (NES) precedence clause.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2019. The nominal expiry date of the Agreement is 5 April 2023.

COMMISSIONER

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<AE502620  PR706401>

Annexure A