Chocolatier (Australia) Pty Ltd

[2013] FWCA 10143

[2013] FWCA 10143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chocolatier (Australia) Pty Ltd
(AG2013/10158)

CHOCOLATIER AUSTRALIA PTY LTD AND THE AUSTRALIAN MANUFACTURING WORKERS UNION AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 DECEMBER 2013

Application for approval of the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cholatier (Australia) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that have been addressed by way of undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Chocolatier (Australia) Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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