Brownes Foods Operations Pty Ltd

[2020] FWCA 116

[2020] FWCA 116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Brownes Foods Operations Pty Ltd
(AG2019/4480)

BROWNES DAIRY PRODUCTION (BALCATTA) - UNITED WORKERS UNION - ENTERPRISE AGREEMENT 2019 - 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILLIAMS	PERTH, 16 JANUARY 2020

Application for approval of the Brownes Dairy Production (Balcatta) - United Workers Union - Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Brownes Dairy Production (Balcatta) - United Workers Union - Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brownes Foods Operations 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. This is required because Clause 24 of the Agreement does not deal with changes to rosters or ordinary hours of work (see s.205(1A) of the Act).

[4] The United Workers' Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2020. The nominal expiry date of the Agreement is 31 May 2022.

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