Capitol Chilled Foods (Australia) Pty Ltd

[2018] FWCA 6966

[2018] FWCA 6966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capitol Chilled Foods (Australia) Pty Ltd
(AG2018/2842)

CAPITOL CHILLED FOODS (AUSTRALIA) PTY LIMITED, A.C.T EMPLOYEES WORKPLACE ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 NOVEMBER 2018

Application for approval of the Capitol Chilled Foods (Australia) Pty Ltd, A.C.T. Employees Workplace Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Capitol Chilled Foods (Australia) Pty Ltd, A.C.T. Employees Workplace Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Capitol Chilled Foods (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 14 November 2018 and, in accordance with s.54, will operate from 21 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE500734  PR702276>

Annexure A