Cargill Australia Limited
[2024] FWCA 2963
•12 AUGUST 2024
| [2024] FWCA 2963 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Cargill Australia Limited
(AG2024/2774)
CARGILL AUSTRALIA LIMITED (NEWCASTLE) ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 12 AUGUST 2024 |
Application for approval of the Cargill Australia Limited (Newcastle) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Cargill Australia Limited (Newcastle) Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cargill Australia Limited (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. In accordance with s.190(4) of the Act the views of the bargaining representatives were sought as to the proposed undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Automotive, Food, Metals. Engineering. Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 19 August 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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