Nerada Tea Pty Ltd

[2013] FWCA 292

[2013] FWCA 292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Nerada Tea Pty Ltd
(AG2012/13931)

NERADA TEA PTY LTD - NATIONAL UNION OF WORKERS - ENTERPRISE AGREEMENT 2012-2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 17 JANUARY 2013

Application for approval of the Nerada Tea Pty Ltd - National Union of Workers - Enterprise Agreement 2012-2015.

[1] An application has been made for approval of a single enterprise agreement known as the Nerada Tea Pty Ltd - National Union of Workers - Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Nerada Tea Pty Ltd.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 4 December 2012.

[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] On 14 January 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2013. The nominal expiry date of the Agreement is 23 January 2016.

COMMISSIONER

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