Mr Nicholas King

[2019] FWCA 4276

[2019] FWCA 4276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mr Nicholas King
(AG2019/471)

BURLINGTON BERRIES ENTERPRISE AGREEMENT 2019

Gardening services
COMMISSIONER LEE	MELBOURNE, 19 JUNE 2019

Application for approval of the Burlington Berries Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Burlington Berries 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 Mr Nicholas King. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2019. The nominal expiry date of the Agreement is 18 June 2023.

COMMISSIONER

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Annexure A