Tasmanian Alkaloids Pty Ltd

[2014] FWCA 2488

[2014] FWCA 2488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Alkaloids Pty Ltd
(AG2014/3608)

TASMANIAN ALKALOIDS PTY LTD EMPLOYEE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 11 APRIL 2014

Application for approval of the Tasmanian Alkaloids Pty Ltd Employee Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Tasmanian Alkaloids Pty Ltd Employee Agreement 2013 (the Agreement). The application was made by Tasmanian Alkaloids Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Consultation provision in clause 5 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The Agreement Flexibility provision in clause 4 of the Agreement does not comply with the requirements of section 203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[5] The National Union of Workers, 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 17 April 2017.

COMMISSIONER

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