Tatura Milk Industries Pty Ltd

[2019] FWCA 5169

[2019] FWCA 5169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tatura Milk Industries Pty Ltd
(AG2019/2013)

TATURA MILK INDUSTRIES LIMITED DERRIMUT SITE ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 24 JULY 2019

Application for approval of the Tatura Milk Industries Limited Derrimut Site Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tatura Milk Industries Limited Derrimut Site Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tatura Milk Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

- 24.1;

- 22; and

- 19.

[4] However, noting clause 4 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 24 July 2019 and, in accordance with s.54, will operate from 31 July 2019. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

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