Kilcoy Pastoral Company Limited

[2020] FWCA 722

[2020] FWCA 722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kilcoy Pastoral Company Limited
(AG2019/5180)

KILCOY PASTORAL COMPANY LIMITED ENGINEERING ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the Kilcoy Pastoral Company Limited Engineering Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kilcoy Pastoral Company Limited Engineering Enterprise 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 Kilcoy Pastoral Company Limited. 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen

[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 Agreement was approved on 11 February 2020 and, in accordance with s.54, will operate from 18 February 2020. The nominal expiry date of the Agreement is 11 February 2024.

COMMISSIONER

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Annexure A