Capitol Chilled Foods (Australia) Pty Ltd

[2015] FWCA 5471

[2015] FWCA 5471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capitol Chilled Foods (Australia) Pty Ltd
(AG2015/3416)

CAPITOL CHILLED FOODS (AUSTRALIA) PTY LIMITED, A.C.T. EMPLOYEES WORKPLACE AGREEMENT 2015

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 12 AUGUST 2015

Application for approval of the CAPITOL CHILLED FOODS (AUSTRALIA) PTY LIMITED, A.C.T. Employees Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CAPITOL CHILLED FOODS (AUSTRALIA) PTY LIMITED, A.C.T. Employees Workplace Agreement 2015 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Capitol Chilled Foods (Australia) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 National Union of Workers 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 19 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

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Annexure A