Pomarla Pty Limited T/A Mill Park TAB

[2016] FWCA 748

[2016] FWCA 748

FAIR WORK COMMISSION

DECISION

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

Pomarla Pty Limited T/A Mill Park TAB
(AG2015/7476)

VICTORIAN OFF-COURSE AGENCY MULTI EMPLOYER ENTERPRISE AGREEMENT 2015

Retail industry
COMMISSIONER ROE	MELBOURNE, 4 FEBRUARY 2016

Application for approval of the Victorian Off-Course Agency Multi Employer Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Off-Course Agency Multi Employer Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pomarla Pty Limited. The Agreement is a multi-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 of the Act 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] The Australian Municipal, Administrative, Clerical and Services 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 the organisation.

[6] The Agreement was approved on 4 February 2016 and, in accordance with s.54 of the Act, will operate from 11 February 2016. The nominal expiry date of the Agreement is 4 February 2020.

COMMISSIONER

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Annexure A