National Union of Workers

[2013] FWCA 4710

[2013] FWCA 4710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/994)

LA IONICA POULTRY AND NATIONAL UNION OF WORKERS COLLECTIVE PROCESSING AGREEMENT 2012

Poultry processing
COMMISSIONER JOHNS	MELBOURNE, 16 JULY 2013

Application for approval of the La Ionica Poultry and National Union of Workers Collective Processing Agreement 2012.

[1] On 24 April 2013 National Union of Workers made an application for approval of the La Ionica Poultry and National Union of Workers Collective Processing Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside of the 14 day timeframe prescribed by section 185(3)(a) the Act. The Commission invited the parties to explain the late lodgement. On 24 June 2013, Mr Alex Snowball, of National Union of Workers, advised that the Agreement was lodged late so that the parties could resolve outstanding issues that may have resulted in a need to amend the Agreement. Ultimately these issues were resolved without the need for amendment. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 185(3)(b).

[3] 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.

[4] 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 this organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 23 July 2013. The nominal expiry date of the Agreement is 1 November 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE402393  PR538951>