AB Food and Beverages Aust Pty Limited T/A Twinings & Co

[2016] FWCA 6305

[2016] FWCA 6305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AB Food and Beverages Aust Pty Limited T/A Twinings & Co
(AG2016/4124)

TWININGS & CO ENTERPRISE AGREEMENT 2016-2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the Twinings & Co Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Twinings & Co Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AB Food and Beverages Aust Pty Limited T/A Twinings & Co. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] The Commissioner has not accepted the undertaking provided in relation to the consultation term as there is no capacity to do so under the Act. For the avoidance of doubt the undertaking in relation to the consultation term will have no effect.

[4] 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.

[5] 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.

[6] 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) 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 13 September 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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ANNEXURE A