Rivalea (Australia) Pty Ltd

[2019] FWCA 4659

[2019] FWCA 4659

FAIR WORK COMMISSION

DECISION

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

Rivalea (Australia) Pty Ltd
(AG2019/1126)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD AND THE AUSTRALIAN WORKERS UNION - FARMING OPERATIONS NEW SOUTH WALES 2019

Agricultural industry
DEPUTY PRESIDENT BULL	SYDNEY, 3 JULY 2019

Application for approval of the Enterprise Agreement Rivalea (Australia) Pty Ltd and the Australian Workers Union - Farming Operations New South Wales 2019.

[1] An application (Form F16) has been filed by Rivalea (Australia) Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Enterprise Agreement Rivalea (Australia) Pty Ltd and the Australian Workers Union - Farming Operations New South Wales 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] The Employer has provided written undertakings regarding:

•  Employee rights during the dispute resolution process;

•  Notice period for employees transferred to lower paid duties;

•  Personal leave accrual and time off in lieu;

•  Payment for training conducted outside scope of hours;

•  Paid meal breaks for extra hours worked; and

•  Pay rates for performance of duties with higher rate than ordinary classification.

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

[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 Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and has approved the undertakings. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after approval. The nominal expiry date of the Agreement is 10 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504287  PR710015>