Berri Pty Limited

[2017] FWCA 5114

[2017] FWCA 5114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Berri Pty Limited
(AG2017/4135)

BERRI PTY LIMITED (LEETON) ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	SYDNEY, 4 OCTOBER 2017

Application for variation of the Berri Pty Limited (Leeton) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of a variation of the Berri Pty Limited (Leeton) Enterprise Agreement 2014-2017 (the Agreement) to remove an ambiguity or uncertainty. The agreement is a single enterprise agreement and the application was made by Berri Pty Limited (Berri) pursuant to s.217 of the Fair Work Act 2009 (the Act).

[2] The application seeks to delete the row referring to a ‘Laundry Allowance’ within Attachment 3 of the Agreement.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the employee organisation covered by the Agreement, supports the application.

[4] Having considered the material filed with the application, including the joint submissions provided by Berri and the AMWU, I am satisfied that an ambiguity exists and that the proposed variation will resolve the ambiguity.

[5] The application is approved and the variation will operate from 4 October 2017.

[6] A consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

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