Cargill Processing Limited

[2019] FWCA 1286

[2019] FWCA 1286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cargill Processing Limited
(AG2018/7427)

CARGILL PROCESSING LTD (FOOTSCRAY) ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 FEBRUARY 2019

Application for approval of the Cargill Processing Ltd (Footscray) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cargill Processing Ltd (Footscray) 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 Processing 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 Clauses 28.7 and 34.2.4 are inconsistent with the National Employment Standards (NES). Given the National Employment Standards precedence clause at clause 7.3.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2019. The nominal expiry date of the Agreement is 1 February 2022.

DEPUTY PRESIDENT

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