Rivalea (Australia) Pty Ltd

[2019] FWCA 7626

[2019] FWCA 7626

FAIR WORK COMMISSION

DECISION

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

Rivalea (Australia) Pty Ltd
(AG2019/3640)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD COROWA FEED MILL 2019

Agricultural industry
DEPUTY PRESIDENT BULL	SYDNEY, 6 NOVEMBER 2019

Application for approval of the Enterprise Agreement Rivalea (Australia) Pty Ltd Corowa Feed Mill 2019.

[1] An application has been filed by Rivalea (Australia) Pty Ltd(the employer) for the approval of an enterprise agreement known as the Enterprise Agreement Rivalea (Australia) Pty Ltd Corowa Feed Mill 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the employer by the Commission, the employer provided undertakings regarding minimum engagement of part-time employees and minimum engagement of casual workers required to work overtime on a Public Holiday.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] 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.

[5] The National Union of Workers (NUW), 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 NUW. The views of the bargaining representatives have been sought regarding the undertakings provided by the employer in accordance with s.190(4) of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 29 July 2021.

DEPUTY PRESIDENT

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