Australian Bakels (Pty) Ltd

[2021] FWCA 6241

[2021] FWCA 6241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Bakels (Pty) Ltd
(AG2021/7673)

AUSTRALIAN BAKELS (PTY) LTD ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 12 OCTOBER 2021

Application for approval of the Australian Bakels (Pty) Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Bakels (Pty) Ltd Enterprise 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 Australian Bakels (Pty) Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer provided employees with access to the relevant material and details of the vote immediately after the start of the access period, which is one day short of the 7 clear days required by ss. 180(2) and (3) of the Act. Notwithstanding these deficiencies, I am satisfied that they constitute minor procedural errors for the purposes of s.188(2)(a) of the Act and that employees were not likely to have been disadvantaged by the errors.

[3] I am further satisfied that each of the requirements of s 186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2021. The nominal expiry date of the Agreement is 22 September 2022.

DEPUTY PRESIDENT

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