Select Harvests Limited

[2021] FWCA 6900

[2021] FWCA 6900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Select Harvests Limited
(AG2021/8404)

KYNDALYN PARK AND THE AWU ENTERPRISE AGREEMENT 2021

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 29 NOVEMBER 2021

Application for approval of the Kyndalyn Park and the AWU Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Kyndalyn Park and the AWU Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Select Harvests Limited. 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. The undertakings are taken to be a term of 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] The Australian Workers’ 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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Annexure A