Cargill Australia Limited

[2020] FWCA 274

[2020] FWCA 274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cargill Australia Limited
(AG2019/5156)

CARGILL AUSTRALIA LIMITED, (NEWCASTLE) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 17 JANUARY 2020

Application for approval of the Cargill Australia Limited, (Newcastle) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cargill Australia Limited, (Newcastle) Enterprise Agreement 2019 (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 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] I note that clause 36.1(d) of the Agreement appears to be inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 6 of the Agreement, I am satisfied that the more beneficial provision to an employee shall take precedence.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 24 January 2020. The nominal expiry date of the Agreement is 6 November 2023.

COMMISSIONER

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