Cargill Malt Asia Pacific Pty Limited

[2019] FWCA 1229

[2019] FWCA 1229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cargill Malt Asia Pacific Pty Limited
(AG2019/259)

CARGILL MALT ASIA PACIFIC, DELACOMBE AND DEVONPORT PLANT OPERATOR ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 FEBRUARY 2019

Application for approval of the Cargill Malt Asia Pacific, Delacombe and Devonport Plant Operator Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cargill Malt Asia Pacific, Delacombe and Devonport Plant Operator Enterprise 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 Cargill Malt Asia Pacific Pty Limited. 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] I observe that clause 7.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] United Voice, 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 was approved on 25 February 2019 and, in accordance with s.54, will operate from 4 March 2019. The nominal expiry date of the Agreement is 4 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501981  PR705276>

Annexure A