Harvest Booval Pty Ltd atf The Harvest Markets Trust

[2015] FWCA 7491

[2015] FWCA 7491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Harvest Booval Pty Ltd atf The Harvest Markets Trust
(AG2015/5276)

HARVEST BOOVAL PTY LTD ATF THE HARVEST MARKETS TRUST ABN: 18 615 201 569 SINGLE ENTERPRISE AGREEMENT 2015

Retail industry
DEPUTY PRESIDENT BULL	SYDNEY, 30 OCTOBER 2015

Application for approval of the Harvest Booval Pty Ltd ATF The Harvest Markets Trust ABN 18 615 201 569 Single Enterprise Agreement 2015

[1] An application has been made by Harvest Booval Pty Ltd atf The Harvest Markets Trust (the applicant) for the approval of an enterprise agreement known as the Harvest Booval Pty Ltd ATF The Harvest Markets Trust ABN 18 615 201 569 Single Enterprise Agreement 2015 (the Agreement).

[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act), and is a single enterprise agreement. The Agreement covers all the employees other than senior executives engaged by the applicant.

[3] Employment Advocacy Solutions acted as the applicant’s representative in the application of approval for the Agreement.

[4] With respect to the better off overall test (BOOT) under s.186 of the Act, the rates of pay provided under the Agreement are greater than the rates of pay provided under the
General Retail Industry Award 2010, being the relevant reference instrument for the purposes of the BOOT. Other terms and conditions under the Agreement are consistent with the Award and the National Employment Standards.

Conclusion

[5] Taking into account the higher rates of pay when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[6] 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.

[7] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 6 November 2015. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE416433  PR573465>