Parkside Milling Pty Ltd

[2021] FWCA 2718

[2021] FWCA 2718

FAIR WORK COMMISSION

DECISION

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

Parkside Milling Pty Ltd
(AG2021/5022)

PARKSIDE MILLING P/L BAIRNSDALE PROCESSING CENTRE ENTERPRISE AGREEMENT 2021

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 13 MAY 2021

Application for approval of the Parkside Milling P/L Bairnsdale Processing Centre Enterprise Agreement 2021.

[1] Parkside Milling Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Parkside Milling P/L Bairnsdale Processing Centre Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 May 2021.

[3] On 12 May 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 12 May 2021. The undertaking deals with the following topics:

•  Clause 28.4, which deals with Abandonment of Employment, is to be read in conjunction with the National Employment Standards (NES).

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Construction, Forestry, Maritime, Mining and Energy Union”, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 13 May 2024.

COMMISSIONER

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