Turosi Pty Ltd T/A Golden Farms

[2019] FWCA 2882

[2019] FWCA 2882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turosi Pty Ltd T/A Golden Farms
(AG2018/6660)

TUROSI PTY LTD TRADING AS GOLDEN FARMS GEELONG MAINTENANCE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 30 APRIL 2019

Application for approval of the Turosi Pty Ltd trading as Golden Farms Geelong Maintenance Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Turosi Pty Ltd trading as Golden Farms Geelong Maintenance Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Turosi Pty Ltd T/A Golden Farms.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] With 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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<AE503137  PR707559>

Annexure A