Novacott Downs Pty Ltd as Trustee for the Roth Family Trust

[2016] FWCA 2835

[2016] FWCA 2835 [Note: a correction has been issued to this document]

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Novacott Downs Pty Ltd as trustee for The Roth Family Trust T/A

Novacott Downs Pty Ltd

(AG2016/2540)

NOVACOTT DOWNS PTY LTD ENTERPRISE AGREEMENT 2016

Agricultural industry

COMMISSIONER ROE MELBOURNE, 5 MAY 2016

Application for approval of the Novacott Downs Pty Ltd Enterprise Agreement 2016.

[1]        An application has been made for approval of an enterprise agreement known as the

NOVACOTT DOWNS PTY LTD ENTERPRISE AGREEMENT 2016 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Novacott Downs Pty Ltd as trustee for the Roth Family Trust t/a Novacott Downs Pty Ltd.

The Agreement is a single enterprise agreement.

[2]        The Applicant 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.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5]        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.
[2016] FWCA 2835

[6]        The Agreement was approved on 6 May 2016 and, in accordance with s.54, will

operate from 13 May 2016. The nominal expiry date of the Agreement is 6 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE418820 PR580059>

[2016] FWCA 2835

ANNEXURE A

[2016] FWCA 2835

[2016] FWCA 2835