James Stockfeed and Fertilizer Pty Ltd; Rex James Transport Pty Ltd

[2013] FWCA 875

[2013] FWCA 875

FAIR WORK COMMISSION

DECISION

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

James Stockfeed and Fertilizer Pty Ltd; Rex James Transport Pty Ltd
(AG2013/65)

REX JAMES GROUP ENTERPRISE AGREEMENT 2012 - 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER HAMPTON	ADELAIDE, 7 FEBRUARY 2013

Application for approval of the Rex James Group Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rex James Group Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by James Stockfeed and Fertilizer Pty Ltd; Rex James Transport Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 5 February 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement. I confirm my understanding that undertaking 4 includes a reference to the outcome of the Annual Wage Review determined by the Fair Work Commission in June of each year during the life of the Agreement and that the adjustments made will ensure that the real value of the loaded rates is maintained with each adjustment.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2013. The nominal expiry date of the Agreement is 6 February 2017.

COMMISSIONER

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