Betta Foods Australia Pty Ltd

[2013] FWCA 4055

[2013] FWCA 4055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Betta Foods Australia Pty Ltd
(AG2013/6284)

BETTA FOODS AUSTRALIA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 21 JUNE 2013

Application for approval of the Betta Foods Australia Pty Ltd Employee Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Betta Foods Australia Pty Ltd Employee Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Betta Foods Australia Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] I also note that the Commission was advised by the Applicant that the date listed on the form F17 relating to the distribution of the Notice of Employee Representational Rights was incorrect. Instead of 12 April 2013, as indicated, the last Notice was actually issued on 18 July 2012. This was confirmed by the relevant representative from United Voice – Victoria, the bargaining representative for the agreement, and I am accordingly prepared to accept this explanation.

[4] It is also noted that the Agreement does not include a flexibility term. Therefore, in accordance with s.202(4) of the Act the model flexibility term contained in the Regulations is taken to be a term of the Agreement.

[5] United Voice - Victoria, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2013. The nominal expiry date of the Agreement is 30 June 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE401960  PR538136>