The a2 Milk Company (Australia) Pty Ltd

[2017] FWCA 2445

[2017] FWCA 2445

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The a2 Milk Company (Australia) Pty Ltd
(AG2017/1120)

THE A2 MILK COMPANY (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 4 MAY 2017

Application for approval of The a2 Milk Company (Australia) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The a2 Milk Company (Australia) Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The a2 Milk Company (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

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

[6] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 11 May 2017. The nominal expiry date of the Agreement is 1 May 2020.

DEPUTY PRESIDENT

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