BDD Milk Pty Ltd
[2022] FWCA 272
•1 FEBRUARY 2022
| [2022] FWCA 272 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
BDD Milk Pty Ltd
(AG2021/8778)
Bega Dairy and Drinks Penrith Metal Trades Enterprise Agreement 2020
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 1 FEBRUARY 2022 |
Application for approval of the Bega Dairy and Drinks Penrith Metal Trades Enterprise Agreement 2020.
BDD Milk Pty Ltd (the Employer) has made an application for the approval of the Bega Dairy and Drinks Penrith Metal Trades Enterprise Agreement 2020 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and 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 AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2022. The nominal expiry date of the Agreement is 31 December 2022.
DEPUTY PRESIDENT
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Annexure A
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