Tassal Operations Pty Ltd

[2020] FWCA 750

[2020] FWCA 750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tassal Operations Pty Ltd
(AG2019/4736)

TASSAL OPERATIONS PTY. LTD. TRIABUNNA PROCESSING ENTERPRISE AGREEMENT 2019

Seafood processing
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the Tassal Operations Pty. Ltd. Triabunna Processing Enterprise Agreement 2019

[1] Tassal Operations Pty Ltd has made an application for approval of an enterprise agreement known as the Tassal Operations Pty. Ltd. Triabunna Processing Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 February 2020 and, in accordance with s 54, will operate from 20 February 2020. The nominal expiry date of the Agreement is 13 February 2023.

DEPUTY PRESIDENT

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Annexure A