Nerada Tea Pty Ltd

[2019] FWCA 1927

[2019] FWCA 1927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nerada Tea Pty Ltd
(AG2019/359)

NERADA TEA PTY LTD - NATIONAL UNION OF WORKERS - ENTERPRISE AGREEMENT 2018-2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2019

Application for approval of the Nerada Tea Pty Ltd - National Union of Workers - Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Nerada Tea Pty Ltd - National Union of Workers - Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nerada Tea Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 March 2019 and, in accordance with s.54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 1 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE502478  PR706152>

Annexure A