Tassal Operations Pty Ltd

[2014] FWCA 8167

[2014] FWCA 8167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tassal Operations Pty Ltd
(AG2014/7684)

TASSAL OPERATIONS PTY. LTD. HUONVILLE PROCESSING ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 17 NOVEMBER 2014

Application for approval of the Tassal Operations Pty. Ltd. Huonville Processing Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Tassal Operations Pty. Ltd. Huonville Processing Enterprise Agreement 2014 (the Agreement). The application was made by Tassal Operations Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 36 does not comply with the requirements in 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, and will be appended to the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 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, in accordance with s.54 of the Act, will operate from 24 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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