Huon Aquaculture Company Pty Ltd

[2014] FWCA 5399

[2014] FWCA 5399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huon Aquaculture Company Pty Ltd
(AG2014/6265)

HUON AQUACULTURE - MARINE OPERATIONS (SOUTH EAST TASMANIA) AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 AUGUST 2014

Application for approval of the Huon Aquaculture - Marine Operations (South East Tasmania) Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Huon Aquaculture - Marine Operations (South East Tasmania) Agreement 2014 (the Agreement). The application was made by Huon Aquaculture Company Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 9 does not comply with the requirements in section 203 of the Act. 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, and will be appended to the Agreement.

[3] The consultation provision at clause 8 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[4] Subject to the above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 15 August 2014. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

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