Petuna Pty Ltd

[2019] FWCA 7419

[2019] FWCA 7419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Petuna Pty Ltd
(AG2019/3647)

PETUNA DEVONPORT PROCESSING EA 2019

Seafood processing
COMMISSIONER CIRKOVIC	MELBOURNE, 28 OCTOBER 2019

Application for approval of the Petuna Devonport Processing EA 2019.

[1] An application has been made for approval of an enterprise agreement known as the Petuna Devonport Processing EA 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Petuna 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. The undertakings are taken to be a term of 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. 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 Australian Workers’ 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 October 2019 and, in accordance with s.54, will operate from 4 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A