Turosi Pty Ltd
[2022] FWCA 740
•16 MARCH 2022
| [2022] FWCA 740 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Turosi Pty Ltd
(AG2022/351)
Turosi Pty Ltd Thomastown Maintenance Agreement 2021
| Poultry processing | |
| COMMISSIONER MIRABELLA | MELBOURNE, 16 MARCH 2022 |
Application for approval of the Turosi Pty Ltd Thomastown Maintenance Agreement 2021.
Turosi Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Turosi Pty Ltd Thomastown Maintenance Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
The Form F17 lodged contained a typographical error in providing an incorrect date for the notification time. The Employer has requested that the Commission exercise its discretion to correct this error pursuant to s. 586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s. 586 of the Act.
The United 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 16 March 2022 and, in accordance with s. 54, will operate from 23 March 2022. The nominal expiry date of the Agreement is 1 December 2024.
COMMISSIONER
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Annexure A
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