Rural Industries Research and Development Corporation T/A AgriFutures Australia

[2019] FWCA 869

[2019] FWCA 869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Industries Research and Development Corporation T/A AgriFutures Australia
(AG2018/6756)

AGRIFUTURES AUSTRALIA ENTERPRISE AGREEMENT 2018-2021

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the AgriFutures Australia Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the AgriFutures Australia Enterprise Agreement 2018-2021 (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. 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.

[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.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 26 – Annual Leave – annual leave is expressed as 20 days which may be inconsistent with the 4 weeks provided for under the 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 18 February 2022.

COMMISSIONER

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Annexure A