Calendar Cheese Co Pty Ltd
[2022] FWCA 935
•17 MARCH 2022
| [2022] FWCA 935 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Calendar Cheese Co Pty Ltd
(AG2022/337)
Calendar Cheese Company Enterprise Agreement 2021
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 17 MARCH 2022 |
Application for approval of the Calendar Cheese Company Enterprise Agreement 2021
Calendar Cheese Co Pty Ltd has made an application for approval of an enterprise agreement known as the Calendar Cheese Company Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, not all employees were provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
The United Workers Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.
The Agreement was approved on 17 March 2022 and, in accordance with s 54, will operate from 24 March 2022. The nominal expiry date of the Agreement is 31 October 2024.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318
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