Rural Industries Research and Development Corporation T/A AgriFutures Australia

[2022] FWCA 409

[2022] FWCA 409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rural Industries Research and Development Corporation T/A AgriFutures Australia

(AG2022/11)

AgriFutures Australia Enterprise Agreement 2022-2025

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 9 FEBRUARY 2022

Application for approval of the AgriFutures Australia Enterprise Agreement 2022-2025.

1. An application has been made for approval of an enterprise agreement known as the AgriFutures Australia Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rural Industries Research and Development Corporation T/A AgriFutures Australia (Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

1. Subject to the undertaking 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.

1. I note that clause 70.3 pertaining to abandonment of employment is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2022. The nominal expiry date of the Agreement is 15 February 2025.

DEPUTY PRESIDENT

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Annexure A