Tomato Exchange Pty Ltd T/A Costa (Tomato Category)
[2019] FWCA 6928
•8 OCTOBER 2019
| [2019] FWCA 6928 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Tomato Exchange Pty Ltd T/A Costa (Tomato Category)
(AG2019/2786)
Costa Tomato Category Enterprise Agreement 2019
| Agricultural industry | |
| Commissioner Harper-Greenwell | MELBOURNE, 8 OCTOBER 2019 |
Application for approval of the Costa Tomato Category Enterprise Agreement 2019.
An application has been made for approval of an enterprise agreement known as the Costa Tomato Category 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 Tomato Exchange Pty Ltd T/A Costa (Tomato Category). 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. Pursuant to s.201(3), 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. 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.
The Australian Workers’ Union and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement was approved on 8 October 2019 and, in accordance with s.54, will operate from 15 October 2019. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE505624 PR713107>
Annexure A
0
0
0