“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
[2014] FWCA 3186
•14 MAY 2014
[2014] FWCA 3186 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2014/767)
BAXTERS FOODS AUSTRALIA (HUNTINGDALE) ENTERPRISE AGREEMENT 2013
Food, beverages and tobacco manufacturing industry | |
DEPUTY PRESIDENT KOVACIC | MELBOURNE, 14 MAY 2014 |
Application for approval of the Baxters Foods Australia (Huntingdale) Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the Baxters Foods Australia (Huntingdale) Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The Agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[3] The consultation term of the Agreement does not meet the requirements of s.205(1) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term, as set out in Schedule 2.3 of the Fair Work Regulations 2009, is taken to be a term of the Agreement, and replaces clause 19 of the Agreement. The model consultation term is attached to this decision as Attachment A.
[4] The AMWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2014. The nominal expiry date of the Agreement is 30 June 2016.
DEPUTY PRESIDENT
Attachment A:
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