Huon Aquaculture Company Pty Ltd

[2019] FWCA 6884

[2019] FWCA 6884

FAIR WORK COMMISSION

DECISION

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

Huon Aquaculture Company Pty Ltd
(AG2019/3088)

HUON AQUACULTURE - MARINE OPERATIONS (TASMANIA) AGREEMENT 2019

Aquaculture
COMMISSIONER SIMPSON	BRISBANE, 14 OCTOBER 2019

Application for approval of the Huon Aquaculture - Marine Operations (Tasmania) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Huon Aquaculture – Marine Operations (Tasmania) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Huon Aquaculture Company Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] Mr Robert Flanagan, Assistant Branch Secretary of the Tasmania Branch of the Australian Workers’ Union (AWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AWU wants the Agreement to cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[5] 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. The undertakings are taken to be a term of the Agreement.

[6] In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[7] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE505600  PR713049>

Appendix A