Van Diemen Aquaculture Pty Ltd T/A Van Diemen Aquaculture

[2021] FWCA 6839

[2021] FWCA 6839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Van Diemen Aquaculture Pty Ltd T/A Van Diemen Aquaculture
(AG2021/8311)

PETUNA ROWELLA EA 2021

Aquaculture
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the Petuna Rowella EA 2021.

[1] An application has been made for approval of an enterprise agreement known as the Petuna Rowella EA 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Van Diemen Aquaculture Pty Ltd T/A Van Diemen Aquaculture. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I note that Clauses 28 and 28.3 are inconsistent with the National Employment Standards. The Applicant 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.

[5] The Australian 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2021. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

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Annexure A