Tangaratta Stockfeeds Pty Limited

[2024] FWCA 2757

[2024] FWCA 2757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tangaratta Stockfeeds Pty Limited

(AG2024/2403)

TANGARATTA STOCKFEEDS PTY LIMITED ENTERPRISE AGREEMENT 2024-2028

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 JULY 2024

Application for approval of the Tangaratta Stockfeeds Pty Limited Enterprise Agreement 2024 – 2028.

[1]      An application has been made for approval of an enterprise agreement to be known as the Tangaratta Stockfeeds Pty Limited Enterprise Agreement 2024 – 2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tangaratta Stockfeeds Pty Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

[2]      The Employer has provided written undertakings dated 23 July 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

[3]      The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

[4]      Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

[5]      I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6]      The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2024. The nominal expiry date of the Agreement is 25 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A