Huon Aquaculture Company Pty Ltd T/A Huon Aquaculture

[2018] FWCA 6570

[2018] FWCA 6570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huon Aquaculture Company Pty Ltd T/A Huon Aquaculture
(AG2018/2581)

HUON AQUACULTURE - PROCESSING OPERATIONS (TASMANIA) AGREEMENT 2018

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2018

Application for approval of the Huon Aquaculture - Processing Operations (Tasmania) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Huon Aquaculture - Processing Operations (Tasmania) Agreement 2018 (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 T/A Huon Aquaculture. 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.

[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] The National Union of Workers 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 1 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE500557  PR701722>

Annexure A