Terra Harvest Australia Pty Ltd
[2023] FWCA 1139
•21 APRIL 2023
| [2023] FWCA 1139 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Terra Harvest Australia Pty Ltd
(AG2023/1012)
TERRA HARVEST AUSTRALIA SITE AGREEMENT 2023
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 21 APRIL 2023 |
Application for approval of the Terra Harvest Australia Site Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Terra Harvest Australia Site Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Terra Harvest Australia Pty Ltd. The Agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, 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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that clause 22 of the Agreement may be inconsistent with the National Employment Standards. The Employer has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2023. The nominal expiry date of the Agreement is 14 April 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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