ARYZTA Australia Pty Ltd T/A ARYZTA

Case

[2022] FWCA 1090

28 MARCH 2022


[2022] FWCA 1090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARYZTA Australia Pty Ltd T/A ARYZTA

(AG2022/760)

ARYZTA Australia Pty Limited (NSW) Agreement 2021

Food, beverages and tobacco manufacturing industry

COMMISSIONER JOHNS

MELBOURNE, 28 MARCH 2022

Application for approval of the ARYZTA Australia Pty Limited (NSW) Agreement 2021

  1. An application has been made for approval of an enterprise agreement known as the ARYZTA Australia Pty Limited (NSW) Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ARYZTA Australia Pty Ltd T/A ARYZTA. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. 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) I note that the Agreement covers the organisation.

  1. Noting that the deductions clause at clause 4(d)(iii) of the Agreement may be unenforceable, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2022. The nominal expiry date of the Agreement is 1 June 2024.

COMMISSIONER

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