Australian Country Choice Production Pty Ltd

[2025] FWCA 1083

[2025] FWCA 1083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Country Choice Production Pty Ltd

(AG2025/723)

AUSTRALIAN COUNTRY CHOICE COLD STORES (CANNON HILL) ENTERPRISE AGREEMENT 2024

Meat Industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 2 APRIL 2025

Application for approval of the Australian Country Choice Cold Stores (Cannon Hill) Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Australian Country Choice Cold Stores (Cannon Hill) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Country Choice Production Pty Ltd. The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking 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.

1. The Australian Workers' Union (AWU) 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. The AWU supports approval of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·  Clause 23 – Hours of Work

·  Clause 33.2 – Abandonment of Employment

·  Clause 42.3 – Taking Annual Leave

·  Clause 44.4 – Notice requirements

·  Clause 44.5 – Evidence Requirements

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2025. The nominal expiry date of the Agreement is 2 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE528505  PR785653>

Annexure A