Farzer Corporation Pty Ltd

[2019] FWCA 8485

[2019] FWCA 8485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farzer Corporation Pty Ltd
(AG2019/4221)

FARZER CORPORATION PTY LTD AND STAFF ENTERPRISE AGREEMENT

Fast food industry
COMMISSIONER JOHNS	PERTH, 15 DECEMBER 2019

Application for approval of the Farzer Corporation Pty Ltd and Staff Enterprise Agreement.

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

[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. The undertakings are taken to be a term of 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 (Cth) is taken to be a term of the Agreement.

[5] The Shop, Distributive and Allied Employees Association (SDA) 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 SDA.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2019. The nominal expiry date of the Agreement is 14 December 2023.

COMMISSIONER

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Annexure A