National Union of Workers
[2019] FWCA 4556
•2 JULY 2019
| [2019] FWCA 4556 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
National Union of Workers
(AG2018/7164)
NATURE’S DAIRY AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018
Food, beverages and tobacco manufacturing industry | |
COMMISSIONER YILMAZ | MELBOURNE, 2 JULY 2019 |
Application for approval of the Nature’s Dairy Australia Pty Ltd and National Union of Workers Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Nature’s Dairy Australia Pty Ltd and National Union of Workers Enterprise 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 the National Union of Workers. 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 are relevant to this application for approval and 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] The National Union of Workers (NUW) 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.
[5] The Agreement is approved and, in accordance with s.54, will operate from 9 July 2019. The nominal expiry date of the Agreement is 1 August 2020.
COMMISSIONER
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Annexure A
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