DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cerebos (Australia) Limited
(AG2019/4274)

CEREBOS FOODS - SEVEN HILLS, ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Cerebos Foods - Seven Hills, Enterprise Agreement 2018

[1] Cerebos (Australia) Limited has made an application for approval of an enterprise agreement known as the Cerebos Foods - Seven Hills, Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 December 2019 and, in accordance with s 54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 13 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cerebos (Australia) Limited applied to the Fair Work Commission for approval of the Enterprise Agreement 2018 between Cerebos (Australia) Limited and Seven Hills. The applicant submitted that the agreement was made in good faith and provided for a genuine enterprise. The applicant also submitted that the agreement contained no terms that would be contrary to the public interest. The applicant also submitted that the agreement contained no terms that would have an adverse effect on the operation of any national system. The applicant submitted that the agreement provided for the fair and efficient operation of the business. The applicant submitted that the agreement provided for fair and reasonable terms and conditions for employees. The applicant submitted that the agreement provided for a fair and reasonable method for resolving disputes between employees and the employer. The applicant submitted that the agreement provided for a fair and reasonable method for resolving disputes between employees and the employer. The applicant submitted that the agreement provided for a fair and reasonable method for resolving disputes between employees and the employer. The applicant submitted that the agreement provided for a fair and reasonable method for resolving disputes between employees and the employer.

The Commission was required to consider whether the agreement was made in good faith, and whether it provided for a genuine enterprise. The Commission was also required to consider whether the agreement contained any terms that would be contrary to the public interest, or that would have an adverse effect on the operation of any national system. The Commission was also required to consider whether the agreement provided for the fair and efficient operation of the business, and for fair and reasonable terms and conditions for employees. The Commission was also required to consider whether the agreement provided for a fair and reasonable method for resolving disputes between employees and the employer.

The Commission found that the agreement was made in good faith and provided for a genuine enterprise. The Commission found that the agreement contained no terms that would be contrary to the public interest, or that would have an adverse effect on the operation of any national system. The Commission found that the agreement provided for the fair and efficient operation of the business, and for fair and reasonable terms and conditions for employees. The Commission found that the agreement provided for a fair and reasonable method for resolving disputes between employees and the employer. The Commission approved the agreement.

The Commission approved the agreement. The applicant is authorised to operate the agreement on the terms contained in the agreement.

Cerebos (Australia) Limited

DECISION

CaseChat Overview and Summary

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Legal Principle Established